Calendar No. 468
106th CONGRESS
2d Session
H. R. 3081
AN ACT
To amend the Internal Revenue Code of 1986 to provide tax benefits for small
businesses, to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage, and for other purposes.
March 23, 2000
Read the second time and placed on the calendar
HR 3081 PCS
Calendar No. 468
106th CONGRESS
2d Session
H. R. 3081
IN THE SENATE OF THE UNITED STATES
March 20, 2000
Received
March 22, 2000
Read the first time
March 23, 2000
Read the second time and placed on the calendar
AN ACT
To amend the Internal Revenue Code of 1986 to provide tax benefits
for small businesses, to amend the Fair Labor Standards Act of 1938 to increase
the minimum wage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Small Business Tax Fairness
Act of 2000'.
(b) AMENDMENT OF 1986 CODE- Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; references; table of contents.
TITLE I--SMALL BUSINESS PROVISIONS
Sec. 101. Deduction for 100 percent of health insurance costs of
self-employed individuals.
Sec. 102. Increase in expense treatment for small businesses.
Sec. 103. Increased deduction for meal expenses.
Sec. 104. Increased deductibility of business meal expenses for
individuals subject to Federal limitations on hours of service.
Sec. 105. Income averaging for farmers and fishermen not to increase
alternative minimum tax liability.
Sec. 106. Repeal of occupational taxes relating to distilled spirits,
wine, and beer.
Sec. 107. Repeal of modification of installment method.
TITLE II--PENSION PROVISIONS
Subtitle A--Expanding Coverage
Sec. 201. Increase in benefit and contribution limits.
Sec. 202. Plan loans for subchapter S owners, partners, and sole
proprietors.
Sec. 203. Modification of top-heavy rules.
Sec. 204. Elective deferrals not taken into account for purposes of
deduction limits.
Sec. 205. Repeal of coordination requirements for deferred compensation
plans of State and local governments and tax-exempt organizations.
Sec. 206. Elimination of user fee for requests to IRS regarding pension
plans.
Sec. 207. Deduction limits.
Sec. 208. Option to treat elective deferrals as after-tax
contributions.
Subtitle B--Enhancing Fairness for Women
Sec. 221. Catchup contributions for individuals age 50 or over.
Sec. 222. Equitable treatment for contributions of employees to defined
contribution plans.
Sec. 223. Faster vesting of certain employer matching
contributions.
Sec. 224. Simplify and update the minimum distribution rules.
Sec. 225. Clarification of tax treatment of division of section 457 plan
benefits upon divorce.
Sec. 226. Modification of safe harbor relief for hardship withdrawals
from cash or deferred arrangements.
Subtitle C--Increasing Portability for Participants
Sec. 231. Rollovers allowed among various types of plans.
Sec. 232. Rollovers of IRAs into workplace retirement plans.
Sec. 233. Rollovers of after-tax contributions.
Sec. 234. Hardship exception to 60-day rule.
Sec. 235. Treatment of forms of distribution.
Sec. 236. Rationalization of restrictions on distributions.
Sec. 237. Purchase of service credit in governmental defined benefit
plans.
Sec. 238. Employers may disregard rollovers for purposes of cash-out
amounts.
Sec. 239. Minimum distribution and inclusion requirements for section
457 plans.
Subtitle D--Strengthening Pension Security and Enforcement
Sec. 241. Repeal of 150 percent of current liability funding
limit.
Sec. 242. Maximum contribution deduction rules modified and applied to
all defined benefit plans.
Sec. 243. Excise tax relief for sound pension funding.
Sec. 244. Excise tax on failure to provide notice by defined benefit
plans significantly reducing future benefit accruals.
Sec. 245. Treatment of multiemployer plans under section 415.
Subtitle E--Reducing Regulatory Burdens
Sec. 261. Modification of timing of plan valuations.
Sec. 262. ESOP dividends may be reinvested without loss of dividend
deduction.
Sec. 263. Repeal of transition rule relating to certain highly
compensated employees.
Sec. 264. Employees of tax-exempt entities.
Sec. 265. Clarification of treatment of employer-provided retirement
advice.
Sec. 266. Reporting simplification.
Sec. 267. Improvement of employee plans compliance resolution
system.
Sec. 268. Modification of exclusion for employer provided transit
passes.
Sec. 269. Repeal of the multiple use test.
Sec. 270. Flexibility in nondiscrimination, coverage, and line of
business rules.
Sec. 271. Extension to international organizations of moratorium on
application of certain nondiscrimination rules applicable to State and local
plans.
Sec. 272. Notice and consent period regarding distributions.
Subtitle F--Plan Amendments
Sec. 281. Provisions relating to plan amendments.
TITLE III--ESTATE TAX RELIEF
Subtitle A--Reductions of Estate and Gift Tax Rates
Sec. 301. Reductions of estate and gift tax rates.
Sec. 302. Sense of the Congress concerning repeal of the death
tax.
Subtitle B--Unified Credit Replaced With Unified Exemption Amount
Sec. 311. Unified credit against estate and gift taxes replaced with
unified exemption amount.
Subtitle C--Modifications of Generation-Skipping Transfer Tax
Sec. 321. Deemed allocation of GST exemption to lifetime transfers to
trusts; retroactive allocations.
Sec. 322. Severing of trusts.
Sec. 323. Modification of certain valuation rules.
Sec. 324. Relief provisions.
Subtitle D--Conservation Easements
Sec. 331. Expansion of estate tax rule for conservation easements.
TITLE IV--TAX RELIEF FOR DISTRESSED COMMUNITIES AND INDUSTRIES
Subtitle A--American Community Renewal Act of 2000
Sec. 402. Designation of and tax incentives for renewal
communities.
Sec. 403. Extension of expensing of environmental remediation costs to
renewal communities.
Sec. 404. Extension of work opportunity tax credit for renewal
communities.
Sec. 405. Conforming and clerical amendments.
Subtitle B--Timber Incentives
Sec. 411. Temporary suspension of maximum amount of amortizable
reforestation expenditures.
TITLE V--REAL ESTATE PROVISIONS
Subtitle A--Improvements in Low-Income Housing Credit
Sec. 501. Modification of State ceiling on low-income housing
credit.
Sec. 502. Modification of criteria for allocating housing credits among
projects.
Sec. 503. Additional responsibilities of housing credit agencies.
Sec. 504. Modifications to rules relating to basis of building which is
eligible for credit.
Sec. 505. Other modifications.
Sec. 506. Carryforward rules.
Sec. 507. Effective date.
Subtitle B--Private Activity Bond Volume Cap
Sec. 511. Acceleration of phase-in of increase in volume cap on private
activity bonds.
Subtitle C--Exclusion From Gross Income for Certain Forgiven Mortgage
Obligations
Sec. 512. Exclusion from gross income for certain forgiven mortgage
obligations.
TITLE VI--AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938
Sec. 603. Exemption for computer professionals.
Sec. 604. Exemption for certain sales employees.
Sec. 605. Exemption for funeral directors.
TITLE I--SMALL BUSINESS PROVISIONS
SEC. 101. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS.
(a) IN GENERAL- Paragraph (1) of section 162(l) is amended to read as
follows:
`(1) ALLOWANCE OF DEDUCTION- In the case of an individual who is an
employee within the meaning of section 401(c)(1), there shall be allowed as
a deduction under this section an amount equal to 100 percent of the amount
paid during the taxable year for insurance which constitutes medical care
for the taxpayer and the taxpayer's spouse and dependents.'.
(b) CLARIFICATION OF LIMITATIONS ON OTHER COVERAGE- The first sentence of
section 162(l)(2)(B) is amended to read as follows: `Paragraph (1) shall not
apply to any taxpayer for any calendar month for which the taxpayer
participates in any subsidized health plan maintained by any employer (other
than an employer described in section 401(c)(4)) of the taxpayer or the spouse
of the taxpayer.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 102. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES.
(a) IN GENERAL- Paragraph (1) of section 179(b) (relating to dollar
limitation) is amended to read as follows:
`(1) DOLLAR LIMITATION- The aggregate cost which may be taken into
account under subsection (a) for any taxable year shall not exceed
$30,000.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 103. INCREASED DEDUCTION FOR MEAL EXPENSES.
(a) IN GENERAL- Paragraph (1) of section 274(n) (relating to only 50
percent of meal and entertainment expenses allowed as deduction) is amended by
striking `50 percent' in the text and inserting `the allowable percentage'.
(b) ALLOWABLE PERCENTAGES- Subsection (n) of section 274 is amended by
redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the following new paragraph:
`(2) ALLOWABLE PERCENTAGE- For purposes of paragraph (1), the allowable
percentage is--
`(A) in the case of amounts for items described in paragraph (1)(B),
50 percent, and
`(B) in the case of expenses for food or beverages, 60 percent (55
percent for taxable years beginning during 2001).'.
(c) CONFORMING AMENDMENT- The heading for subsection (n) of section 274 is
amended by striking `50 PERCENT' and inserting `LIMITED PERCENTAGES'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 104. INCREASED DEDUCTIBILITY OF BUSINESS MEAL EXPENSES FOR INDIVIDUALS
SUBJECT TO FEDERAL LIMITATIONS ON HOURS OF SERVICE.
(a) IN GENERAL- Paragraph (4) of section 274(n) (relating to limited
percentages of meal and entertainment expenses allowed as deduction), as
redesignated by section 103, is amended to read as follows:
`(4) SPECIAL RULE FOR INDIVIDUALS SUBJECT TO FEDERAL HOURS OF SERVICE-
In the case of any expenses for food or beverages consumed while away from
home (within the meaning of section 162(a)(2)) by an individual during, or
incident to, the period of duty subject to the hours of service limitations
of the Department of Transportation, paragraph (2)(B) shall be applied by
substituting `80 percent' for the percentage otherwise applicable under
paragraph (2)(B).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
taxable years beginning after December 31, 2000.
SEC. 105. INCOME AVERAGING FOR FARMERS AND FISHERMEN NOT TO INCREASE
ALTERNATIVE MINIMUM TAX LIABILITY.
(a) IN GENERAL- Section 55(c) (defining regular tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after paragraph
(1) the following:
`(2) COORDINATION WITH INCOME AVERAGING FOR FARMERS AND FISHERMEN-
Solely for purposes of this section, section 1301 (relating to averaging of
farm and fishing income) shall not apply in computing the regular
tax.'.
(b) ALLOWING INCOME AVERAGING FOR FISHERMEN-
(1) IN GENERAL- Section 1301(a) is amended by striking `farming
business' and inserting `farming business or fishing business,'.
(2) DEFINITION OF ELECTED FARM INCOME-
(A) IN GENERAL- Clause (i) of section 1301(b)(1)(A) is amended by
inserting `or fishing business' before the semicolon.
(B) CONFORMING AMENDMENT- Subparagraph (B) of section 1301(b)(1) is
amended by inserting `or fishing business' after `farming business' both
places it occurs.
(3) DEFINITION OF FISHING BUSINESS- Section 1301(b) is amended by adding
at the end the following new paragraph:
`(4) FISHING BUSINESS- The term `fishing business' means the conduct of
commercial fishing as defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 106. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS, WINE,
AND BEER.
(a) REPEAL OF OCCUPATIONAL TAXES-
(1) IN GENERAL- The following provisions of part II of subchapter A of
chapter 51 of the Internal Revenue Code of 1986 (relating to occupational
taxes) are hereby repealed:
(A) Subpart A (relating to proprietors of distilled spirits plants,
bonded wine cellars, etc.).
(B) Subpart B (relating to brewer).
(C) Subpart D (relating to wholesale dealers) (other than sections
5114 and 5116).
(D) Subpart E (relating to retail dealers) (other than section
5124).
(E) Subpart G (relating to general provisions) (other than sections
5142, 5143, 5145, and 5146).
(2) NONBEVERAGE DOMESTIC DRAWBACK- Section 5131 is amended by striking
`, on payment of a special tax per annum,'.
(3) INDUSTRIAL USE OF DISTILLED SPIRITS- Section 5276 is hereby
repealed.
(b) CONFORMING AMENDMENTS-
(1)(A) The heading for part II of subchapter A of chapter 51 and the
table of subparts for such part are amended to read as follows:
`PART II--MISCELLANEOUS PROVISIONS
`Subpart A. Manufacturers of stills.
`Subpart B. Nonbeverage domestic drawback claimants.
`Subpart C. Recordkeeping by dealers.
`Subpart D. Other provisions.'.
(B) The table of parts for such subchapter A is amended by striking the
item relating to part II and inserting the following new item:
`Part II. Miscellaneous provisions.'.
(2) Subpart C of part II of such subchapter (relating to manufacturers
of stills) is redesignated as subpart A.
(3)(A) Subpart F of such part II (relating to nonbeverage domestic
drawback claimants) is redesignated as subpart B and sections 5131 through
5134 are redesignated as sections 5111 through 5114, respectively.
(B) The table of sections for such subpart B, as so redesignated, is
amended--
(i) by redesignating the items relating to sections 5131 through 5134
as relating to sections 5111 through 5114, respectively; and
(ii) by striking `and rate of tax' in the item relating to section
5111, as so redesignated.
(C) Section 5111, as redesignated by subparagraph (A), is
amended--
(i) by striking `and rate of tax' in the section heading;
(ii) by striking `(a) ELIGIBILITY FOR DRAWBACK- '; and
(iii) by striking subsection (b).
(4) Part II of subchapter A of chapter 51 is amended by adding after
subpart B, as redesignated by paragraph (3), the following new
subpart:
`Subpart C--Recordkeeping by Dealers
`Sec. 5121. Recordkeeping by wholesale dealers.
`Sec. 5122. Recordkeeping by retail dealers.
`Sec. 5123. Preservation and inspection of records, and entry of premises for
inspection.'.
(5)(A) Section 5114 (relating to records) is moved to subpart C of such
part II and inserted after the table of sections for such subpart.
(B) Section 5114 is amended--
(i) by striking the section heading and inserting the following new
heading:
`SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.';
(ii) by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
`(c) WHOLESALE DEALERS- For purposes of this part--
`(1) WHOLESALE DEALER IN LIQUORS- The term `wholesale dealer in liquors'
means any dealer (other than a wholesale dealer in beer) who sells, or
offers for sale, distilled spirits, wines, or beer, to another dealer.
`(2) WHOLESALE DEALER IN BEER- The term `wholesale dealer in beer' means
any dealer who sells, or offers for sale, beer, but not distilled spirits or
wines, to another dealer.
`(3) DEALER- The term `dealer' means any person who sells, or offers for
sale, any distilled spirits, wines, or beer.
`(4) PRESUMPTION IN CASE OF SALE OF 20 WINE GALLONS OR MORE- The sale,
or offer for sale, of distilled spirits, wines, or beer, in quantities of 20
wine gallons or more to the same person at the same time, shall be
presumptive evidence that the person making such sale, or offer for sale, is
engaged in or carrying on the business of a wholesale dealer in liquors or a
wholesale dealer in beer, as the case may be. Such presumption may be
overcome by evidence satisfactorily showing that such sale, or offer for
sale, was made to a person other than a dealer.'.
(C) Paragraph (3) of section 5121(d), as so redesignated, is amended by
striking `section 5146' and inserting `section 5123'.
(6)(A) Section 5124 (relating to records) is moved to subpart C of part
II of subchapter A of chapter 51 and inserted after section 5121.
(B) Section 5124 is amended--
(i) by striking the section heading and inserting the following new
heading:
`SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.';
(ii) by striking `section 5146' in subsection (c) and inserting
`section 5123'; and
(iii) by redesignating subsection (c) as subsection (d) and inserting
after subsection (b) the following new subsection:
`(c) RETAIL DEALERS- For purposes of this section--
`(1) RETAIL DEALER IN LIQUORS- The term `retail dealer in liquors' means
any dealer (other than a retail dealer in beer) who sells, or offers for
sale, distilled spirits, wines, or beer, to any person other than a
dealer.
`(2) RETAIL DEALER IN BEER- The term `retail dealer in beer' means any
dealer who sells, or offers for sale, beer, but not distilled spirits or
wines, to any person other than a dealer.
`(3) DEALER- The term `dealer' has the meaning given such term by
section 5121(c)(3).'.
(7) Section 5146 is moved to subpart C of part II of subchapter A of
chapter 51, inserted after section 5122, and redesignated as section
5123.
(8) Part II of subchapter A of chapter 51 is amended by inserting after
subpart C the following new subpart:
`Subpart D--Other Provisions
`Sec. 5131. Packaging distilled spirits for industrial uses.
`Sec. 5132. Prohibited purchases by dealers.'.
(9) Section 5116 is moved to subpart D of part II of subchapter A of
chapter 51, inserted after the table of sections, redesignated as section
5131, and amended by inserting `(as defined in section 5121(c))' after
`dealer' in subsection (a).
(10) Subpart D of part II of subchapter A of chapter 51 is amended by
adding at the end thereof the following new section:
`SEC. 5132. PROHIBITED PURCHASES BY DEALERS.
`(a) IN GENERAL- Except as provided in regulations prescribed by the
Secretary, it shall be unlawful for a dealer to purchase distilled spirits
from any person other than a wholesale dealer in liquors who is required to
keep the records prescribed by section 5121.
`(b) PENALTY AND FORFEITURE-
`For penalty and forfeiture provisions applicable to violations of
subsection (a), see sections 5687 and 7302.'.
(11) Subsection (b) of section 5002 is amended--
(A) by striking `section 5112(a)' and inserting `section
5121(c)(3)';
(B) by striking `section 5112' and inserting `section 5121(c)';
and
(C) by striking `section 5122' and inserting `section
5122(c)'.
(12) Subparagraph (A) of section 5010(c)(2) is amended by striking
`section 5134' and inserting `section 5114'.
(13) Subsection (d) of section 5052 is amended to read as follows:
`(d) BREWER- For purposes of this chapter, the term `brewer' means any
person who brews beer or produces beer for sale. Such term shall not include
any person who produces only beer exempt from tax under section 5053(e).'.
(14) The text of section 5182 is amended to read as follows:
`For provisions requiring recordkeeping by wholesale liquor dealers, see
section 5112, and by retail liquor dealers, see section 5122.'.
(15) Subsection (b) of section 5402 is amended by striking `section
5092' and inserting `section 5052(d)'.
(16) Section 5671 is amended by striking `or 5091'.
(17)(A) Part V of subchapter J of chapter 51 is hereby repealed.
(B) The table of parts for such subchapter J is amended by striking the
item relating to part V.
(18)(A) Sections 5142, 5143, and 5145 are moved to subchapter D of
chapter 52, inserted after section 5731, redesignated as sections 5732,
5733, and 5734, respectively, and amended--
(i) by striking `this part' each place it appears and inserting `this
subchapter'; and
(ii) by striking `this subpart' in section 5732(c)(2) (as so
redesignated) and inserting `this subchapter'.
(B) Section 5732, as redesignated by subparagraph (A), is amended by
striking `(except the tax imposed by section 5131)' each place it
appears.
(C) Subsection (c) of section 5733, as redesignated by subparagraph (A),
is amended by striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(D) The table of sections for subchapter D of chapter 52 is amended by
adding at the end thereof the following:
`Sec. 5732. Payment of tax.
`Sec. 5733. Provisions relating to liability for occupational taxes.
`Sec. 5734. Application of State laws.'.
(E) Section 5731 is amended by striking subsection (c) and by
redesignating subsection (d) as subsection (c).
(19) Subsection (c) of section 6071 is amended by striking `section
5142' and inserting `section 5732'.
(20) Paragraph (1) of section 7652(g) is amended--
(A) by striking `subpart F' and inserting `subpart B'; and
(B) by striking `section 5131(a)' and inserting `section
5111(a)'.
(21) The table of sections for subchapter D of chapter 51 is amended by
striking the item relating to section 5276.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
on July 1, 2001, but shall not apply to taxes imposed for periods before such
date.
SEC. 107. REPEAL OF MODIFICATION OF INSTALLMENT METHOD.
(a) IN GENERAL- Subsection (a) of section 536 of the Ticket to Work and
Work Incentives Improvement Act of 1999 (relating to modification of
installment method and repeal of installment method for accrual method
taxpayers) is repealed effective with respect to sales and other dispositions
occurring on or after the date of the enactment of such Act.
(b) APPLICABILITY- The Internal Revenue Code of 1986 shall be applied and
administered as if that subsection (and the amendments made by that
subsection) had not been enacted.
TITLE II--PENSION PROVISIONS
Subtitle A--Expanding Coverage
SEC. 201. INCREASE IN BENEFIT AND CONTRIBUTION LIMITS.
(a) DEFINED BENEFIT PLANS-
(A) Subparagraph (A) of section 415(b)(1) (relating to limitation for
defined benefit plans) is amended by striking `$90,000' and inserting
`$160,000'.
(B) Subparagraphs (C) and (D) of section 415(b)(2) are each amended by
striking `$90,000' each place it appears in the headings and the text and
inserting `$160,000'.
(C) Paragraph (7) of section 415(b) (relating to benefits under
certain collectively bargained plans) is amended by striking `the greater
of $68,212 or one-half the amount otherwise applicable for such year under
paragraph (1)(A) for `$90,000' and inserting `one-half the amount
otherwise applicable for such year under paragraph (1)(A) for
`$160,000'.
(2) LIMIT REDUCED WHEN BENEFIT BEGINS BEFORE AGE 62- Subparagraph (C) of
section 415(b)(2) is amended by striking `the social security retirement
age' each place it appears in the heading and text and inserting `age
62'.
(3) LIMIT INCREASED WHEN BENEFIT BEGINS AFTER AGE 65- Subparagraph (D)
of section 415(b)(2) is amended by striking `the social security retirement
age' each place it appears in the heading and text and inserting `age
65'.
(4) COST-OF-LIVING ADJUSTMENTS- Subsection (d) of section 415 (related
to cost-of-living adjustments) is amended--
(A) by striking `$90,000' in paragraph (1)(A) and inserting
`$160,000'; and
(B) in paragraph (3)(A)--
(i) by striking `$90,000' in the heading and inserting `$160,000';
and
(ii) by striking `October 1, 1986' and inserting `July 1,
2000'.
(5) CONFORMING AMENDMENT- Section 415(b)(2) is amended by striking
subparagraph (F).
(b) DEFINED CONTRIBUTION PLANS-
(1) DOLLAR LIMIT- Subparagraph (A) of section 415(c)(1) (relating to
limitation for defined contribution plans) is amended by striking `$30,000'
and inserting `$40,000'.
(2) COST-OF-LIVING ADJUSTMENTS- Subsection (d) of section 415 (related
to cost-of-living adjustments) is amended--
(A) by striking `$30,000' in paragraph (1)(C) and inserting `$40,000';
and
(B) in paragraph (3)(D)--
(i) by striking `$30,000' in the heading and inserting `$40,000';
and
(ii) by striking `October 1, 1993' and inserting `July 1,
2000'.
(1) COMPENSATION LIMIT- Sections 401(a)(17), 404(l), 408(k), and
505(b)(7) are each amended by striking `$150,000' each place it appears and
inserting `$200,000'.
(2) BASE PERIOD AND ROUNDING OF COST-OF-LIVING ADJUSTMENT- Subparagraph
(B) of section 401(a)(17) is amended--
(A) by striking `October 1, 1993' and inserting `July 1, 2000';
and
(B) by striking `$10,000' both places it appears and inserting
`$5,000'.
(1) IN GENERAL- Paragraph (1) of section 402(g) (relating to limitation
on exclusion for elective deferrals) is amended to read as follows:
`(A) LIMITATION- Notwithstanding subsections (e)(3) and (h)(1)(B), the
elective deferrals of any individual for any taxable year shall be
included in such individual's gross income to the extent the amount of
such deferrals for the taxable year exceeds the applicable dollar
amount.
`(B) APPLICABLE DOLLAR AMOUNT- For purposes of subparagraph (A), the
applicable dollar amount shall be the amount determined in accordance with
the following table:
`For taxable years
--The applicable
beginning in
-- dollar amount:
calendar year:
--$11,000
--$12,000
--$13,000
--$14,000.'.
(2) COST-OF-LIVING ADJUSTMENT- Paragraph (5) of section 402(g) is
amended to read as follows:
`(5) COST-OF-LIVING ADJUSTMENT- In the case of taxable years beginning
after December 31, 2004, the Secretary shall adjust the $14,000 amount under
paragraph (1)(B) at the same time and in the same manner as under section
415(d), except that the base period shall be the calendar quarter beginning
July 1, 2003, and any increase under this paragraph which is not a multiple
of $500 shall be rounded to the next lowest multiple of $500.'.
(3) CONFORMING AMENDMENTS-
(A) Section 402(g) (relating to limitation on exclusion for elective
deferrals), as amended by paragraphs (1) and (2), is further amended by
striking paragraph (4) and redesignating paragraphs (5), (6), (7), (8),
and (9) as paragraphs (4), (5), (6), (7), and (8), respectively.
(B) Paragraph (2) of section 457(c) is amended by striking
`402(g)(8)(A)(iii)' and inserting `402(g)(7)(A)(iii)'.
(C) Clause (iii) of section 501(c)(18)(D) is amended by striking
`(other than paragraph (4) thereof)'.
(e) DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS AND
TAX-EXEMPT ORGANIZATIONS-
(1) IN GENERAL- Section 457 (relating to deferred compensation plans of
State and local governments and tax-exempt organizations) is amended--
(A) in subsections (b)(2)(A) and (c)(1) by striking `$7,500' each
place it appears and inserting `the applicable dollar amount';
and
(B) in subsection (b)(3)(A) by striking `$15,000' and inserting `twice
the dollar amount in effect under subsection (b)(2)(A)'.
(2) APPLICABLE DOLLAR AMOUNT; COST-OF-LIVING ADJUSTMENT- Paragraph (15)
of section 457(e) is amended to read as follows:
`(15) APPLICABLE DOLLAR AMOUNT-
`(A) IN GENERAL- The applicable dollar amount shall be the amount
determined in accordance with the following table:
`For taxable years
--The applicable
beginning in
-- dollar amount:
calendar year:
--$11,000
--$12,000
--$13,000
--$14,000.
`(B) COST-OF-LIVING ADJUSTMENTS- In the case of taxable years
beginning after December 31, 2004, the Secretary shall adjust the $14,000
amount specified in the table in subparagraph (A) at the same time and in
the same manner as under section 415(d), except that the base period shall
be the calendar quarter beginning July 1, 2003, and any increase under
this paragraph which is not a multiple of $500 shall be rounded to the
next lowest multiple of $500.'.
(f) SIMPLE RETIREMENT ACCOUNTS-
(1) LIMITATION- Clause (ii) of section 408(p)(2)(A) (relating to general
rule for qualified salary reduction arrangement) is amended by striking
`$6,000' and inserting `the applicable dollar amount'.
(2) APPLICABLE DOLLAR AMOUNT- Subparagraph (E) of 408(p)(2) is amended
to read as follows:
`(E) APPLICABLE DOLLAR AMOUNT; COST-OF-LIVING ADJUSTMENT-
`(i) IN GENERAL- For purposes of subparagraph (A)(ii), the
applicable dollar amount shall be the amount determined in accordance
with the following table:
`For taxable years
--The applicable
beginning in
-- dollar amount:
calendar year:
2001
--$7,000
2002
--$8,000
2003
--$9,000
2004 or thereafter
--$10,000.
`(ii) COST-OF-LIVING ADJUSTMENT- In the case of a year beginning
after December 31, 2004, the Secretary shall adjust the $10,000 amount
under clause (i) at the same time and in the same manner as under
section 415(d), except that the base period taken into account shall be
the calendar quarter beginning July 1, 2003, and any increase under this
subparagraph which is not a multiple of $500 shall be rounded to the
next lower multiple of $500.'.
(3) CONFORMING AMENDMENTS-
(A) Clause (I) of section 401(k)(11)(B)(i) is amended by striking
`$6,000' and inserting `the amount in effect under section
408(p)(2)(A)(ii)'.
(B) Section 401(k)(11) is amended by striking subparagraph
(E).
(g) ROUNDING RULE RELATING TO DEFINED BENEFIT PLANS AND DEFINED
CONTRIBUTION PLANS- Paragraph (4) of section 415(d) is amended to read as
follows:
`(A) $160,000 AMOUNT- Any increase under subparagraph (A) of paragraph
(1) which is not a multiple of $5,000 shall be rounded to the next lowest
multiple of $5,000.
`(B) $40,000 AMOUNT- Any increase under subparagraph (C) of paragraph
(1) which is not a multiple of $1,000 shall be rounded to the next lowest
multiple of $1,000.'.
(h) EFFECTIVE DATE- The amendments made by this section shall apply to
years beginning after December 31, 2000.
SEC. 202. PLAN LOANS FOR SUBCHAPTER S OWNERS, PARTNERS, AND SOLE
PROPRIETORS.
(a) AMENDMENT TO 1986 CODE- Subparagraph (B) of section 4975(f)(6)
(relating to exemptions not to apply to certain transactions) is amended by
adding at the end the following new clause:
`(iii) LOAN EXCEPTION- For purposes of subparagraph (A)(i), the term
`owner-employee' shall only include a person described in subclause (II)
or (III) of clause (i).'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
loans made after December 31, 2000.
SEC. 203. MODIFICATION OF TOP-HEAVY RULES.
(a) SIMPLIFICATION OF DEFINITION OF KEY EMPLOYEE-
(1) IN GENERAL- Section 416(i)(1)(A) (defining key employee) is
amended--
(A) by striking `or any of the 4 preceding plan years' in the matter
preceding clause (i);
(B) by striking clause (i) and inserting the following:
`(i) an officer of the employer having an annual compensation
greater than $150,000,';
(C) by striking clause (ii) and redesignating clauses (iii) and (iv)
as clauses (ii) and (iii), respectively; and
(D) by striking the second sentence in the matter following clause
(iii), as redesignated by subparagraph (C).
(2) CONFORMING AMENDMENT- Section 416(i)(1)(B)(iii) is amended by
striking `and subparagraph (A)(ii)'.
(b) MATCHING CONTRIBUTIONS TAKEN INTO ACCOUNT FOR MINIMUM CONTRIBUTION
REQUIREMENTS- Section 416(c)(2)(A) (relating to defined contribution plans) is
amended by adding at the end the following: `Employer matching contributions
(as defined in section 401(m)(4)(A)) shall be taken into account for purposes
of this subparagraph.'.
(c) DISTRIBUTIONS DURING LAST YEAR BEFORE DETERMINATION DATE TAKEN INTO
ACCOUNT-
(1) IN GENERAL- Paragraph (3) of section 416(g) is amended to read as
follows:
`(3) DISTRIBUTIONS DURING LAST YEAR BEFORE DETERMINATION DATE TAKEN INTO
ACCOUNT-
`(A) IN GENERAL- For purposes of determining--
`(i) the present value of the cumulative accrued benefit for any
employee, or
`(ii) the amount of the account of any employee,
such present value or amount shall be increased by the aggregate
distributions made with respect to such employee under the plan during the
1-year period ending on the determination date. The preceding sentence
shall also apply to distributions under a terminated plan which if it had
not been terminated would have been required to be included in an
aggregation group.
`(B) 5-YEAR PERIOD IN CASE OF IN-SERVICE DISTRIBUTION- In the case of
any distribution made for a reason other than separation from service,
death, or disability, subparagraph (A) shall be applied by substituting
`5-year period' for `1-year period'.'.
(2) BENEFITS NOT TAKEN INTO ACCOUNT- Subparagraph (E) of section
416(g)(4) is amended--
(A) by striking `LAST 5 YEARS' in the heading and inserting `LAST YEAR
BEFORE DETERMINATION DATE'; and
(B) by striking `5-year period' and inserting `1-year
period'.
(d) DEFINITION OF TOP-HEAVY PLANS- Paragraph (4) of section 416(g)
(relating to other special rules for top-heavy plans) is amended by adding at
the end the following new subparagraph:
`(H) CASH OR DEFERRED ARRANGEMENTS USING ALTERNATIVE METHODS OF
MEETING NONDISCRIMINATION REQUIREMENTS- The term `top-heavy plan' shall
not include a plan which consists solely of--
`(i) a cash or deferred arrangement which meets the requirements of
section 401(k)(12), and
`(ii) matching contributions with respect to which the requirements
of section 401(m)(11) are met.
If, but for this subparagraph, a plan would be treated as a top-heavy
plan because it is a member of an aggregation group which is a top-heavy
group, contributions under the plan may be taken into account in
determining whether any other plan in the group meets the requirements of
subsection (c)(2).'.
(e) FROZEN PLAN EXEMPT FROM MINIMUM BENEFIT REQUIREMENT- Subparagraph (C)
of section 416(c)(1) (relating to defined benefit plans) is amended--
(A) by striking `clause (ii)' in clause (i) and inserting `clause (ii)
or (iii)'; and
(B) by adding at the end the following:
`(iii) EXCEPTION FOR FROZEN PLAN- For purposes of determining an
employee's years of service with the employer, any service with the
employer shall be disregarded to the extent that such service occurs
during a plan year when the plan benefits (within the meaning of section
410(b)) no employee or former employee.'.
(f) ELIMINATION OF FAMILY ATTRIBUTION- Section 416(i)(1)(B) (defining
5-percent owner) is amended by adding at the end the following new clause:
`(iv) FAMILY ATTRIBUTION DISREGARDED- Solely for purposes of
applying this paragraph (and not for purposes of any provision of this
title which incorporates by reference the definition of a key employee
or 5-percent owner under this paragraph), section 318 shall be applied
without regard to subsection (a)(1) thereof in determining whether any
person is a 5-percent owner.'.
(g) EFFECTIVE DATE- The amendments made by this section shall apply to
years beginning after December 31, 2000.
SEC. 204. ELECTIVE DEFERRALS NOT TAKEN INTO ACCOUNT FOR PURPOSES OF
DEDUCTION LIMITS.
(a) IN GENERAL- Section 404 (relating to deduction for contributions of an
employer to an employees' trust or annuity plan and compensation under a
deferred payment plan) is amended by adding at the end the following new
subsection:
`(n) ELECTIVE DEFERRALS NOT TAKEN INTO ACCOUNT FOR PURPOSES OF DEDUCTION
LIMITS- Elective deferrals (as defined in section 402(g)(3)) shall not be
subject to any limitation contained in paragraph (3), (7), or (9) of
subsection (a), and such elective deferrals shall not be taken into account in
applying any such limitation to any other contributions.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
years beginning after December 31, 2000.
SEC. 205. REPEAL OF COORDINATION REQUIREMENTS FOR DEFERRED COMPENSATION
PLANS OF STATE AND LOCAL GOVERNMENTS AND TAX-EXEMPT ORGANIZATIONS.
(a) IN GENERAL- Subsection (c) of section 457 (relating to deferred
compensation plans of State and local governments and tax-exempt
organizations), as amended by section 211, is amended to read as follows:
`(c) LIMITATION- The maximum amount of the compensation of any one
individual which may be deferred under subsection (a) during any taxable year
shall not exceed the amount in effect under subsection (b)(2)(A) (as modified
by any adjustment provided under subsection (b)(3)).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
years beginning after December 31, 2000.
SEC. 206. ELIMINATION OF USER FEE FOR REQUESTS TO IRS REGARDING PENSION
PLANS.
(a) ELIMINATION OF CERTAIN USER FEES- The Secretary of the Treasury or the
Secretary's delegate shall not require payment of user fees under the program
established under section 7527 of the Internal Revenue Code of 1986 for
requests to the Internal Revenue Service for determination letters with
respect to the qualified status of a pension benefit plan maintained solely by
one or more eligible employers or any trust which is part of the plan. The
preceding sentence shall not apply to any request--
(1) made after the fifth plan year the pension benefit plan is in
existence; or
(2) made by the sponsor of any prototype or similar plan which the
sponsor intends to market to participating employers.
(b) PENSION BENEFIT PLAN- For purposes of this section, the term `pension
benefit plan' means a pension, profit-sharing, stock bonus, annuity, or
employee stock ownership plan.
(c) ELIGIBLE EMPLOYER- For purposes of this section, the term `eligible
employer' has the same meaning given such term in section 408(p)(2)(C)(i)(I)
of the Internal Revenue Code of 1986. The determination of whether an employer
is an eligible employer under this section shall be made as of the date of the
request described in subsection (a).
(d) EFFECTIVE DATE- The provisions of this section shall apply with
respect to requests made after December 31, 2000.
SEC. 207. DEDUCTION LIMITS.
(a) IN GENERAL- Section 404(a) (relating to general rule) is amended by
adding at the end the following:
`(12) DEFINITION OF COMPENSATION- For purposes of paragraphs (3), (7),
(8), and (9), the term `compensation' shall include amounts treated as
participant's compensation under subparagraph (C) or (D) of section
415(c)(3).'.
(b) CONFORMING AMENDMENT- Subparagraph (B) of section 404(a)(3) is amended
by striking the last sentence thereof.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
years beginning after December 31, 2000.
SEC. 208. OPTION TO TREAT ELECTIVE DEFERRALS AS AFTER-TAX
CONTRIBUTIONS.
(a) IN GENERAL- Subpart A of part I of subchapter D of chapter 1 (relating
to deferred compensation, etc.) is amended by inserting after section 402 the
following new section:
`SEC. 402A. OPTIONAL TREATMENT OF ELECTIVE DEFERRALS AS PLUS
CONTRIBUTIONS.
`(a) GENERAL RULE- If an applicable retirement plan includes a qualified
plus contribution program--
`(1) any designated plus contribution made by an employee pursuant to
the program shall be treated as an elective deferral for purposes of this
chapter, except that such contribution shall not be excludable from gross
income, and
`(2) such plan (and any arrangement which is part of such plan) shall
not be treated as failing to meet any requirement of this chapter solely by
reason of including such program.
`(b) QUALIFIED PLUS CONTRIBUTION PROGRAM- For purposes of this
section--
`(1) IN GENERAL- The term `qualified plus contribution program' means a
program under which an employee may elect to make designated plus
contributions in lieu of all or a portion of elective deferrals the employee
is otherwise eligible to make under the applicable retirement plan.
`(2) SEPARATE ACCOUNTING REQUIRED- A program shall not be treated as a
qualified plus contribution program unless the applicable retirement
plan--
`(A) establishes separate accounts (`designated plus accounts') for
the designated plus contributions of each employee and any earnings
properly allocable to the contributions, and
`(B) maintains separate recordkeeping with respect to each
account.
`(c) DEFINITIONS AND RULES RELATING TO DESIGNATED PLUS CONTRIBUTIONS- For
purposes of this section--
`(1) DESIGNATED PLUS CONTRIBUTION- The term `designated plus
contribution' means any elective deferral which--
`(A) is excludable from gross income of an employee without regard to
this section, and
`(B) the employee designates (at such time and in such manner as the
Secretary may prescribe) as not being so excludable.
`(2) DESIGNATION LIMITS- The amount of elective deferrals which an
employee may designate under paragraph (1) shall not exceed the excess (if
any) of--
`(A) the maximum amount of elective deferrals excludable from gross
income of the employee for the taxable year (without regard to this
section), over
`(B) the aggregate amount of elective deferrals of the employee for
the taxable year which the employee does not designate under paragraph
(1).
`(3) ROLLOVER CONTRIBUTIONS-
`(A) IN GENERAL- A rollover contribution of any payment or
distribution from a designated plus account which is otherwise allowable
under this chapter may be made only if the contribution is to--
`(i) another designated plus account of the individual from whose
account the payment or distribution was made, or
`(ii) a Roth IRA of such individual.
`(B) COORDINATION WITH LIMIT- Any rollover contribution to a
designated plus account under subparagraph (A) shall not be taken into
account for purposes of paragraph (1).
`(d) DISTRIBUTION RULES- For purposes of this title--
`(1) EXCLUSION- Any qualified distribution from a designated plus
account shall not be includible in gross income.
`(2) QUALIFIED DISTRIBUTION- For purposes of this subsection--
`(A) IN GENERAL- The term `qualified distribution' has the meaning
given such term by section 408A(d)(2)(A) (without regard to clause (iv)
thereof).
`(B) DISTRIBUTIONS WITHIN NONEXCLUSION PERIOD- A payment or
distribution from a designated plus account shall not be treated as a
qualified distribution if such payment or distribution is made within the
5-taxable-year period beginning with the earlier of--
`(i) the first taxable year for which the individual made a
designated plus contribution to any designated plus account established
for such individual under the same applicable retirement plan,
or
`(ii) if a rollover contribution was made to such designated plus
account from a designated plus account previously established for such
individual under another applicable retirement plan, the first taxable
year for which the individual made a designated plus contribution to
such previously established account.
`(C) DISTRIBUTIONS OF EXCESS DEFERRALS AND EARNINGS- The term
`qualified distribution' shall not include any distribution of any excess
deferral under section 402(g)(2) and any income on the excess
deferral.
`(3) AGGREGATION RULES- Section 72 shall be applied separately with
respect to distributions and payments from a designated plus account and
other distributions and payments from the plan.
`(e) OTHER DEFINITIONS- For purposes of this section--
`(1) APPLICABLE RETIREMENT PLAN- The term `applicable retirement plan'
means--
`(A) an employees' trust described in section 401(a) which is exempt
from tax under section 501(a), and
`(B) a plan under which amounts are contributed by an individual's
employer for an annuity contract described in section 403(b).
`(2) ELECTIVE DEFERRAL- The term `elective deferral' means any elective
deferral described in subparagraph (A) or (C) of section 402(g)(3).'.
(b) EXCESS DEFERRALS- Section 402(g) (relating to limitation on exclusion
for elective deferrals) is amended--
(1) by adding at the end of paragraph (1) the following new sentence:
`The preceding sentence shall not apply to so much of such excess as does
not exceed the designated plus contributions of the individual for the
taxable year.'; and
(2) by inserting `(or would be included but for the last sentence
thereof)' after `paragraph (1)' in paragraph (2)(A).
(c) ROLLOVERS- Subparagraph (B) of section 402(c)(8) is amended by adding
at the end the following:
`If any portion of an eligible rollover distribution is attributable
to payments or distributions from a designated plus account (as defined in
section 402A), an eligible retirement plan with respect to such portion
shall include only another designated plus account and a Roth
IRA.'.
(d) REPORTING REQUIREMENTS-
(1) W-2 INFORMATION- Section 6051(a)(8) is amended by inserting `,
including the amount of designated plus contributions (as defined in section
402A)' before the comma at the end.
(2) INFORMATION- Section 6047 is amended by redesignating subsection (f)
as subsection (g) and by inserting after subsection (e) the following new
subsection:
`(f) DESIGNATED PLUS CONTRIBUTIONS- The Secretary shall require the plan
administrator of each applicable retirement plan (as defined in section 402A)
to make such returns and reports regarding designated plus contributions (as
so defined) to the Secretary, participants and beneficiaries of the plan, and
such other persons as the Secretary may prescribe.'.
(e) CONFORMING AMENDMENTS-
(1) Section 408A(e) is amended by adding after the first sentence the
following new sentence: `Such term includes a rollover contribution
described in section 402A(c)(3)(A).'.
(2) The table of sections for subpart A of part I of subchapter D of
chapter 1 is amended by inserting after the item relating to section 402 the
following new item:
`Sec. 402A. Optional treatment of elective deferrals as plus contributions.'.
(f) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
Subtitle B--Enhancing Fairness for Women
SEC. 221. CATCHUP CONTRIBUTIONS FOR INDIVIDUALS AGE 50 OR OVER.
(a) IN GENERAL- Section 414 (relating to definitions and special rules) is
amended by adding at the end the following new subsection:
`(v) CATCHUP CONTRIBUTIONS FOR INDIVIDUALS AGE 50 OR OVER-
`(1) IN GENERAL- An applicable employer plan shall not be treated as
failing to meet any requirement of this title solely because the plan
permits an eligible participant to make additional elective deferrals in any
plan year.
`(2) LIMITATION ON AMOUNT OF ADDITIONAL DEFERRALS-
`(A) IN GENERAL- A plan shall not permit additional elective deferrals
under paragraph (1) for any year in an amount greater than the lesser
of--
`(i) the applicable percentage of the applicable dollar amount for
such elective deferrals for such year, or
`(ii) the excess (if any) of--
`(I) the participant's compensation for the year,
over
`(II) any other elective deferrals of the participant for such
year which are made without regard to this subsection.
`(B) APPLICABLE PERCENTAGE- For purposes of this paragraph, the
applicable percentage shall be determined in accordance with the following
table:
`For taxable years
The applicable
beginning in:
percentage is:
2001
10 percent
2002
20 percent
2003
30 percent
2004 and thereafter
40 percent.
`(3) TREATMENT OF CONTRIBUTIONS- In the case of any contribution to a
plan under paragraph (1)--
`(A) such contribution shall not, with respect to the year in which
the contribution is made--
`(i) be subject to any otherwise applicable limitation contained in
section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457,
or
`(ii) be taken into account in applying such limitations to other
contributions or benefits under such plan or any other such plan,
and
`(B) such plan shall not be treated as failing to meet the
requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11),
401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 408B, 410(b), or 416 by
reason of the making of (or the right to make) such contribution.
`(4) ELIGIBLE PARTICIPANT- For purposes of this subsection, the term
`eligible participant' means, with respect to any plan year, a participant
in a plan--
`(A) who has attained the age of 50 before the close of the plan year,
and
`(B) with respect to whom no other elective deferrals may (without
regard to this subsection) be made to the plan for the plan year by reason
of the application of any limitation or other restriction described in
paragraph (3) or contained in the terms of the plan.
`(5) OTHER DEFINITIONS AND RULES- For purposes of this
subsection--
`(A) APPLICABLE DOLLAR AMOUNT- The term `applicable dollar amount'
means, with respect to any year, the amount in effect under section
402(g)(1)(B), 408(p)(2)(E)(i), or 457(e)(15)(A), whichever is applicable
to an applicable employer plan, for such year.
`(B) APPLICABLE EMPLOYER PLAN- The term `applicable employer plan'
means--
`(i) an employees' trust described in section 401(a) which is exempt
from tax under section 501(a),
`(ii) a plan under which amounts are contributed by an individual's
employer for an annuity contract described in section
403(b),
`(iii) an eligible deferred compensation plan under section 457 of
an eligible employer as defined in section 457(e)(1)(A), and
`(iv) an arrangement meeting the requirements of section 408 (k) or
(p).
`(C) ELECTIVE DEFERRAL- The term `elective deferral' has the meaning
given such term by subsection (u)(2)(C).
`(D) EXCEPTION FOR SECTION 457 PLANS- This subsection shall not apply
to an applicable employer plan described in subparagraph (B)(iii) for any
year to which section 457(b)(3) applies.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
contributions in taxable years beginning after December 31, 2000.
SEC. 222. EQUITABLE TREATMENT FOR CONTRIBUTIONS OF EMPLOYEES TO DEFINED
CONTRIBUTION PLANS.
(1) IN GENERAL- Subparagraph (B) of section 415(c)(1) (relating to
limitation for defined contribution plans) is amended by striking `25
percent' and inserting `100 percent'.
(2) APPLICATION TO SECTION 403(b)- Section 403(b) is amended--
(A) by striking `the exclusion allowance for such taxable year' in
paragraph (1) and inserting `the applicable limit under section
415';
(B) by striking paragraph (2); and
(C) by inserting `or any amount received by a former employee after
the fifth taxable year following the taxable year in which such employee
was terminated' before the period at the end of the second sentence of
paragraph (3).
(3) CONFORMING AMENDMENTS-
(A) Subsection (f) of section 72 is amended by striking `section
403(b)(2)(D)(iii))' and inserting `section 403(b)(2)(D)(iii), as in effect
before the enactment of the Small Business Tax Fairness Act of
2000)'.
(B) Section 404(a)(10)(B) is amended by striking `, the exclusion
allowance under section 403(b)(2),'.
(C) Section 415(a)(2) is amended by striking `, and the amount of the
contribution for such portion shall reduce the exclusion allowance as
provided in section 403(b)(2)'.
(D) Section 415(c)(3) is amended by adding at the end the following
new subparagraph:
`(E) ANNUITY CONTRACTS- In the case of an annuity contract described
in section 403(b), the term `participant's compensation' means the
participant's includible compensation determined under section
403(b)(3).'.
(E) Section 415(c) is amended by striking paragraph (4).
(F) Section 415(c)(7) is amended to read as follows:
`(7) CERTAIN CONTRIBUTIONS BY CHURCH PLANS NOT TREATED AS EXCEEDING
LIMIT-
`(A) IN GENERAL- Notwithstanding any other provision of this
subsection, at the election of a participant who is an employee of a
church or a convention or association of churches, including an
organization described in section 414(e)(3)(B)(ii), contributions and
other additions for an annuity contract or retirement income account
described in section 403(b) with respect to such participant, when
expressed as an annual addition to such participant's account, shall be
treated as not exceeding the limitation of paragraph (1) if such annual
addition is not in excess of $10,000.
`(B) $40,000 AGGREGATE LIMITATION- The total amount of additions with
respect to any participant which may be taken into account for purposes of
this subparagraph for all years may not exceed $40,000.
`(C) ANNUAL ADDITION- For purposes of this paragraph, the term `annual
addition' has the meaning given such term by paragraph (2).'.
(G) Subparagraph (B) of section 402(g)(7) (as redesignated by section
211) is amended by inserting before the period at the end the following:
`(as in effect before the enactment of the Small Business Tax Fairness Act
of 2000)'.
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply
to years beginning after December 31, 2000.
(b) SPECIAL RULES FOR SECTIONS 403(b) AND 408-
(1) IN GENERAL- Subsection (k) of section 415 is amended by adding at
the end the following new paragraph:
`(4) SPECIAL RULES FOR SECTIONS 403(b) AND 408- For purposes of this
section, any annuity contract described in section 403(b) for the benefit of
a participant shall be treated as a defined contribution plan maintained by
each employer with respect to which the participant has the control required
under subsection (b) or (c) of section 414 (as modified by subsection (h)).
For purposes of this section, any contribution by an employer to a
simplified employee pension plan for an individual for a taxable year shall
be treated as an employer contribution to a defined contribution plan for
such individual for such year.'.
(A) IN GENERAL- The amendment made by paragraph (1) shall apply to
limitation years beginning after December 31, 1999.
(B) EXCLUSION ALLOWANCE- Effective for limitation years beginning in
2000, in the case of any annuity contract described in section 403(b) of
the Internal Revenue Code of 1986, the amount of the contribution
disqualified by reason of section 415(g) of such Code shall reduce the
exclusion allowance as provided in section 403(b)(2) of such
Code.
(3) MODIFICATION OF 403(b) EXCLUSION ALLOWANCE TO CONFORM TO 415
MODIFICATION- The Secretary of the Treasury shall modify the regulations
regarding the exclusion allowance under section 403(b)(2) of the Internal
Revenue Code of 1986 to render void the requirement that contributions to a
defined benefit pension plan be treated as previously excluded amounts for
purposes of the exclusion allowance. For taxable years beginning after
December 31, 1999, such regulations shall be applied as if such requirement
were void.
(c) DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS AND
TAX-EXEMPT ORGANIZATIONS-
(1) IN GENERAL- Subparagraph (B) of section 457(b)(2) (relating to
salary limitation on eligible deferred compensation plans) is amended by
striking `33 1/3 percent' and inserting `100 percent'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to
years beginning after December 31, 2000.
SEC. 223. FASTER VESTING OF CERTAIN EMPLOYER MATCHING CONTRIBUTIONS.
(a) AMENDMENTS TO 1986 CODE- Section 411(a) (relating to minimum vesting
standards) is amended--
(1) in paragraph (2), by striking `A plan' and inserting `Except as
provided in paragraph (12), a plan'; and
(2) by adding at the end the following:
`(12) FASTER VESTING FOR MATCHING CONTRIBUTIONS- In the case of matching
contributions (as defined in section 401(m)(4)(A)), paragraph (2) shall be
applied--
`(A) by substituting `3 years' for `5 years' in subparagraph (A),
and
`(B) by substituting the following table for the table contained in
subparagraph (B):
The nonforfeitable
`Years of service:
percentage is:
2
20
3
40
4
60
5
80
6
100.'.
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made
by this section shall apply to contributions for plan years beginning after
December 31, 2000.
(2) COLLECTIVE BARGAINING AGREEMENTS- In the case of a plan maintained
pursuant to one or more collective bargaining agreements between employee
representatives and one or more employers ratified by the date of the
enactment of this Act, the amendments made by this section shall not apply
to contributions on behalf of employees covered by any such agreement for
plan years beginning before the earlier of--
(i) the date on which the last of such collective bargaining
agreements terminates (determined without regard to any extension
thereof on or after such date of the enactment); or
(3) SERVICE REQUIRED- With respect to any plan, the amendments made by
this section shall not apply to any employee before the date that such
employee has 1 hour of service under such plan in any plan year to which the
amendments made by this section apply.
SEC. 224. SIMPLIFY AND UPDATE THE MINIMUM DISTRIBUTION RULES.
(a) SIMPLIFICATION AND FINALIZATION OF MINIMUM DISTRIBUTION
REQUIREMENTS-
(1) IN GENERAL- The Secretary of the Treasury shall--
(A) simplify and finalize the regulations relating to minimum
distribution requirements under sections 401(a)(9), 408(a)(6) and (b)(3),
403(b)(10), and 457(d)(2) of the Internal Revenue Code of 1986;
and
(B) modify such regulations to--
(i) reflect current life expectancy; and
(ii) revise the required distribution methods so that, under
reasonable assumptions, the amount of the required minimum distribution
does not decrease over a participant's life expectancy.
(2) FRESH START- Notwithstanding subparagraph (D) of section 401(a)(9)
of such Code, during the first year that regulations are in effect under
this subsection, required distributions for future years may be redetermined
to reflect changes under such regulations. Such redetermination shall
include the opportunity to choose a new designated beneficiary and to elect
a new method of calculating life expectancy.
(3) EFFECTIVE DATE FOR REGULATIONS- Regulations referred to in paragraph
(1) shall be effective for years beginning after December 31, 2000, and
shall apply in such years without regard to whether an individual had
previously begun receiving minimum distributions.
(b) REPEAL OF RULE WHERE DISTRIBUTIONS HAD BEGUN BEFORE DEATH OCCURS-
(1) IN GENERAL- Subparagraph (B) of section 401(a)(9) is amended by
striking clause (i) and redesignating clauses (ii), (iii), and (iv) as
clauses (i), (ii), and (iii), respectively.
(A) Clause (i) of section 401(a)(9)(B) (as so redesignated) is
amended--
(i) by striking `FOR OTHER CASES' in the heading; and
(ii) by striking `the distribution of the employee's interest has
begun in accordance with subparagraph (A)(ii)' and inserting `his entire
interest has been distributed to him,'.
(B) Clause (ii) of section 401(a)(9)(B) (as so redesignated) is
amended by striking `clause (ii)' and inserting `clause (i)'.
(C) Clause (iii) of section 401(a)(9)(B) (as so redesignated) is
amended--
(i) by striking `clause (iii)(I)' and inserting `clause
(ii)(I)';
(ii) by striking `clause (iii)(III)' in subclause (I) and inserting
`clause (ii)(III)';
(iii) by striking `the date on which the employee would have
attained the age 70 1/2 ,' in subclause (I) and inserting `April 1 of
the calendar year following the calendar year in which the spouse
attains 70 1/2 ,'; and
(iv) by striking `the distributions to such spouse begin,' in
subclause (II) and inserting `his entire interest has been distributed
to him,'.
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply
to years beginning after December 31, 2000.
(c) REDUCTION IN EXCISE TAX-
(1) IN GENERAL- Subsection (a) of section 4974 is amended by striking
`50 percent' and inserting `10 percent'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to
years beginning after December 31, 2000.
SEC. 225. CLARIFICATION OF TAX TREATMENT OF DIVISION OF SECTION 457 PLAN
BENEFITS UPON DIVORCE.
(a) IN GENERAL- Section 414(p)(11) (relating to application of rules to
governmental and church plans) is amended--
(1) by inserting `or an eligible deferred compensation plan (within the
meaning of section 457(b))' after `subsection (e))'; and
(2) in the heading, by striking `GOVERNMENTAL AND CHURCH PLANS' and
inserting `CERTAIN OTHER PLANS'.
(b) WAIVER OF CERTAIN DISTRIBUTION REQUIREMENTS- Paragraph (10) of section
414(p) is amended by striking `and section 409(d)' and inserting `section
409(d), and section 457(d)'.
(c) TAX TREATMENT OF PAYMENTS FROM A SECTION 457 PLAN- Subsection (p) of
section 414 is amended by redesignating paragraph (12) as paragraph (13) and
inserting after paragraph (11) the following new paragraph:
`(12) TAX TREATMENT OF PAYMENTS FROM A SECTION 457 PLAN- If a
distribution or payment from an eligible deferred compensation plan
described in section 457(b) is made pursuant to a qualified domestic
relations order, rules similar to the rules of section 402(e)(1)(A) shall
apply to such distribution or payment.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
transfers, distributions, and payments made after December 31, 2000.
SEC. 226. MODIFICATION OF SAFE HARBOR RELIEF FOR HARDSHIP WITHDRAWALS FROM
CASH OR DEFERRED ARRANGEMENTS.
(a) IN GENERAL- The Secretary of the Treasury shall revise the regulations
relating to hardship distributions under section 401(k)(2)(B)(i)(IV) of the
Internal Revenue Code of 1986 to provide that the period an employee is
prohibited from making elective and employee contributions in order for a
distribution to be deemed necessary to satisfy financial need shall be equal
to 6 months.
(b) EFFECTIVE DATE- The revised regulations under subsection (a) shall
apply to years beginning after December 31, 2000.
Subtitle C--Increasing Portability for Participants
SEC. 231. ROLLOVERS ALLOWED AMONG VARIOUS TYPES OF PLANS.
(a) ROLLOVERS FROM AND TO SECTION 457 PLANS-
(1) ROLLOVERS FROM SECTION 457 PLANS-
(A) IN GENERAL- Section 457(e) (relating to other definitions and
special rules) is amended by adding at the end the following:
`(A) GENERAL RULE- In the case of an eligible deferred compensation
plan established and maintained by an employer described in subsection
(e)(1)(A), if--
`(i) any portion of the balance to the credit of an employee in such
plan is paid to such employee in an eligible rollover distribution
(within the meaning of section 402(c)(4) without regard to subparagraph
(C) thereof),
`(ii) the employee transfers any portion of the property such
employee receives in such distribution to an eligible retirement plan
described in section 402(c)(8)(B), and
`(iii) in the case of a distribution of property other than money,
the amount so transferred consists of the property
distributed,
then such distribution (to the extent so transferred) shall not be
includible in gross income for the taxable year in which paid.
`(B) CERTAIN RULES MADE APPLICABLE- The rules of paragraphs (2)
through (7) (other than paragraph (4)(C)) and (9) of section 402(c) and
section 402(f) shall apply for purposes of subparagraph (A).
`(C) REPORTING- Rollovers under this paragraph shall be reported to
the Secretary in the same manner as rollovers from qualified retirement
plans (as defined in section 4974(c)).'.
(B) DEFERRAL LIMIT DETERMINED WITHOUT REGARD TO ROLLOVER AMOUNTS-
Section 457(b)(2) (defining eligible deferred compensation plan) is
amended by inserting `(other than rollover amounts)' after `taxable
year'.
(C) DIRECT ROLLOVER- Paragraph (1) of section 457(d) is amended by
striking `and' at the end of subparagraph (A), by striking the period at
the end of subparagraph (B) and inserting `, and', and by inserting after
subparagraph (B) the following:
`(C) in the case of a plan maintained by an employer described in
subsection (e)(1)(A), the plan meets requirements similar to the
requirements of section 401(a)(31).
Any amount transferred in a direct trustee-to-trustee transfer in
accordance with section 401(a)(31) shall not be includible in gross income
for the taxable year of transfer.'.
(i) Paragraph (12) of section 3401(a) is amended by adding at the
end the following:
`(E) under or to an eligible deferred compensation plan which, at the
time of such payment, is a plan described in section 457(b) maintained by
an employer described in section 457(e)(1)(A); or'.
(ii) Paragraph (3) of section 3405(c) is amended to read as
follows:
`(3) ELIGIBLE ROLLOVER DISTRIBUTION- For purposes of this subsection,
the term `eligible rollover distribution' has the meaning given such term by
section 402(f)(2)(A).'.
(iii) LIABILITY FOR WITHHOLDING- Subparagraph (B) of section
3405(d)(2) is amended by striking `or' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting `, or', and
by adding at the end the following:
(2) ROLLOVERS TO SECTION 457 PLANS-
(A) IN GENERAL- Section 402(c)(8)(B) (defining eligible retirement
plan) is amended by striking `and' at the end of clause (iii), by striking
the period at the end of clause (iv) and inserting `, and', and by
inserting after clause (iv) the following new clause:
`(v) an eligible deferred compensation plan described in section
457(b) of an employer described in section 457(e)(1)(A).'.
(B) SEPARATE ACCOUNTING- Section 402(c) is amended by adding at the
end the following new paragraph:
`(11) SEPARATE ACCOUNTING- Unless a plan described in clause (v) of
paragraph (8)(B) agrees to separately account for amounts rolled into such
plan from eligible retirement plans not described in such clause, the plan
described in such clause may not accept transfers or rollovers from such
retirement plans.'.
(C) 10 PERCENT ADDITIONAL TAX- Subsection (t) of section 72 (relating
to 10-percent additional tax on early distributions from qualified
retirement plans) is amended by adding at the end the following new
paragraph:
`(9) SPECIAL RULE FOR ROLLOVERS TO SECTION 457 PLANS- For purposes of
this subsection, a distribution from an eligible deferred compensation plan
(as defined in section 457(b)) of an employer described in section
457(e)(1)(A) shall be treated as a distribution from a qualified retirement
plan described in 4974(c)(1) to the extent that such distribution is
attributable to an amount transferred to an eligible deferred compensation
plan from a qualified retirement plan (as defined in section
4974(c)).'.
(b) ALLOWANCE OF ROLLOVERS FROM AND TO 403 (b) PLANS-
(1) ROLLOVERS FROM SECTION 403 (b) PLANS- Section 403(b)(8)(A)(ii)
(relating to rollover amounts) is amended by striking `such distribution'
and all that follows and inserting `such distribution to an eligible
retirement plan described in section 402(c)(8)(B), and'.
(2) ROLLOVERS TO SECTION 403 (b) PLANS- Section 402(c)(8)(B) (defining
eligible retirement plan), as amended by subsection (a), is amended by
striking `and' at the end of clause (iv), by striking the period at the end
of clause (v) and inserting `, and', and by inserting after clause (v) the
following new clause:
`(vi) an annuity contract described in section 403(b).'.
(c) EXPANDED EXPLANATION TO RECIPIENTS OF ROLLOVER DISTRIBUTIONS-
Paragraph (1) of section 402(f) (relating to written explanation to recipients
of distributions eligible for rollover treatment) is amended by striking `and'
at the end of subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting `, and', and by adding at the end the following
new subparagraph:
`(E) of the provisions under which distributions from the eligible
retirement plan receiving the distribution may be subject to restrictions
and tax consequences which are different from those applicable to
distributions from the plan making such distribution.'.
(d) SPOUSAL ROLLOVERS- Section 402(c)(9) (relating to rollover where
spouse receives distribution after death of employee) is amended by striking
`; except that' and all that follows up to the end period.
(e) CONFORMING AMENDMENTS-
(1) Section 72(o)(4) is amended by striking `and 408(d)(3)' and
inserting `403(b)(8), 408(d)(3), and 457(e)(16)'.
(2) Section 219(d)(2) is amended by striking `or 408(d)(3)' and
inserting `408(d)(3), or 457(e)(16)'.
(3) Section 401(a)(31)(B) is amended by striking `and 403(a)(4)' and
inserting `, 403(a)(4), 403(b)(8), and 457(e)(16)'.
(4) Subparagraph (A) of section 402(f)(2) is amended by striking `or
paragraph (4) of section 403(a)' and inserting `, paragraph (4) of section
403(a), subparagraph (A) of section 403(b)(8), or subparagraph (A) of
section 457(e)(16)'.
(5) Paragraph (1) of section 402(f) is amended by striking `from an
eligible retirement plan'.
(6) Subparagraphs (A) and (B) of section 402(f)(1) are amended by
striking `another eligible retirement plan' and inserting `an eligible
retirement plan'.
(7) Subparagraph (B) of section 403(b)(8) is amended to read as
follows:
`(B) CERTAIN RULES MADE APPLICABLE- The rules of paragraphs (2)
through (7) and (9) of section 402(c) and section 402(f) shall apply for
purposes of subparagraph (A), except that section 402(f) shall be applied
to the payor in lieu of the plan administrator.'.
(8) Section 408(a)(1) is amended by striking `or 403(b)(8)' and
inserting `, 403(b)(8), or 457(e)(16)'.
(9) Subparagraphs (A) and (B) of section 415(b)(2) are each amended by
striking `and 408(d)(3)' and inserting `403(b)(8), 408(d)(3), and
457(e)(16)'.
(10) Section 415(c)(2) is amended by striking `and 408(d)(3)' and
inserting `408(d)(3), and 457(e)(16)'.
(11) Section 4973(b)(1)(A) is amended by striking `or 408(d)(3)' and
inserting `408(d)(3), or 457(e)(16)'.
(f) EFFECTIVE DATE; SPECIAL RULE-
(1) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions after December 31, 2000.
(2) SPECIAL RULE- Notwithstanding any other provision of law,
subsections (h)(3) and (h)(5) of section 1122 of the Tax Reform Act of 1986
shall not apply to any distribution from an eligible retirement plan (as
defined in clause (iii) or (iv) of section 402(c)(8)(B) of the Internal
Revenue Code of 1986) on behalf of an individual if there was a rollover to
such plan on behalf of such individual which is permitted solely by reason
of any amendment made by this section.
SEC. 232. ROLLOVERS OF IRAS INTO WORKPLACE RETIREMENT PLANS.
(a) IN GENERAL- Subparagraph (A) of section 408(d)(3) (relating to
rollover amounts) is amended by adding `or' at the end of clause (i), by
striking clauses (ii) and (iii), and by adding at the end the following:
`(ii) the entire amount received (including money and any other
property) is paid into an eligible retirement plan for the benefit of
such individual not later than the 60th day after the date on which the
payment or distribution is received, except that the maximum amount
which may be paid into such plan may not exceed the portion of the
amount received which is includible in gross income (determined without
regard to this paragraph).
For purposes of clause (ii), the term `eligible retirement plan' means
an eligible retirement plan described in clause (iii), (iv), (v), or (vi)
of section 402(c)(8)(B).'.
(b) CONFORMING AMENDMENTS-
(1) Paragraph (1) of section 403(b) is amended by striking `section
408(d)(3)(A)(iii)' and inserting `section 408(d)(3)(A)(ii)'.
(2) Clause (i) of section 408(d)(3)(D) is amended by striking `(i),
(ii), or (iii)' and inserting `(i) or (ii)'.
(3) Subparagraph (G) of section 408(d)(3) is amended to read as
follows:
`(G) SIMPLE RETIREMENT ACCOUNTS- In the case of any payment or
distribution out of a simple retirement account (as defined in subsection
(p)) to which section 72(t)(6) applies, this paragraph shall not apply
unless such payment or distribution is paid into another simple retirement
account.'.
(c) EFFECTIVE DATE; SPECIAL RULE-
(1) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions after December 31, 2000.
(2) SPECIAL RULE- Notwithstanding any other provision of law,
subsections (h)(3) and (h)(5) of section 1122 of the Tax Reform Act of 1986
shall not apply to any distribution from an eligible retirement plan (as
defined in clause (iii) or (iv) of section 402(c)(8)(B) of the Internal
Revenue Code of 1986) on behalf of an individual if there was a rollover to
such plan on behalf of such individual which is permitted solely by reason
of the amendments made by this section.
SEC. 233. ROLLOVERS OF AFTER-TAX CONTRIBUTIONS.
(a) ROLLOVERS FROM EXEMPT TRUSTS- Paragraph (2) of section 402(c)
(relating to maximum amount which may be rolled over) is amended by adding at
the end the following: `The preceding sentence shall not apply to such
distribution to the extent--
`(A) such portion is transferred in a direct trustee-to-trustee
transfer to a qualified trust which is part of a plan which is a defined
contribution plan and which agrees to separately account for amounts so
transferred, including separately accounting for the portion of such
distribution which is includible in gross income and the portion of such
distribution which is not so includible, or
`(B) such portion is transferred to an eligible retirement plan
described in clause (i) or (ii) of paragraph (8)(B).'.
(b) OPTIONAL DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS-
Subparagraph (B) of section 401(a)(31) (relating to limitation) is amended by
adding at the end the following: `The preceding sentence shall not apply to
such distribution if the plan to which such distribution is transferred--
`(i) agrees to separately account for amounts so transferred,
including separately accounting for the portion of such distribution
which is includible in gross income and the portion of such distribution
which is not so includible, or
`(ii) is an eligible retirement plan described in clause (i) or (ii)
of section 402(c)(8)(B).'.
(c) RULES FOR APPLYING SECTION 72 TO IRAS- Paragraph (3) of section 408(d)
(relating to special rules for applying section 72) is amended by inserting at
the end the following:
`(H) APPLICATION OF SECTION 72-
`(I) a distribution is made from an individual retirement plan,
and
`(II) a rollover contribution is made to an eligible retirement
plan described in section 402(c)(8)(B)(iii), (iv), (v), or (vi) with
respect to all or part of such distribution,
then, notwithstanding paragraph (2), the rules of clause (ii) shall
apply for purposes of applying section 72.
`(ii) APPLICABLE RULES- In the case of a distribution described in
clause (i)--
`(I) section 72 shall be applied separately to such
distribution,
`(II) notwithstanding the pro rata allocation of income on, and
investment in, the contract to distributions under section 72, the
portion of such distribution rolled over to an eligible retirement
plan described in clause (i) shall be treated as from income on the
contract (to the extent of the aggregate income on the contract from
all individual retirement plans of the distributee),
and
`(III) appropriate adjustments shall be made in applying section
72 to other distributions in such taxable year and subsequent taxable
years.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions made after December 31, 2000.
SEC. 234. HARDSHIP EXCEPTION TO 60-DAY RULE.
(a) EXEMPT TRUSTS- Paragraph (3) of section 402(c) (relating to transfer
must be made within 60 days of receipt) is amended to read as follows:
`(3) TRANSFER MUST BE MADE WITHIN 60 DAYS OF RECEIPT-
`(A) IN GENERAL- Except as provided in subparagraph (B), paragraph (1)
shall not apply to any transfer of a distribution made after the 60th day
following the day on which the distributee received the property
distributed.
`(B) HARDSHIP EXCEPTION- The Secretary may waive the 60-day
requirement under subparagraph (A) where the failure to waive such
requirement would be against equity or good conscience, including
casualty, disaster, or other events beyond the reasonable control of the
individual subject to such requirement.'.
(b) IRAS- Paragraph (3) of section 408(d) (relating to rollover
contributions), as amended by section 233, is amended by adding after
subparagraph (H) the following new subparagraph:
`(I) WAIVER OF 60-DAY REQUIREMENT- The Secretary may waive the 60-day
requirement under subparagraphs (A) and (D) where the failure to waive
such requirement would be against equity or good conscience, including
casualty, disaster, or other events beyond the reasonable control of the
individual subject to such requirement.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions after December 31, 2000.
SEC. 235. TREATMENT OF FORMS OF DISTRIBUTION.
(1) AMENDMENT TO INTERNAL REVENUE CODE OF 1986- Paragraph (6) of section
411(d) (relating to accrued benefit not to be decreased by amendment) is
amended by adding at the end the following:
`(i) A defined contribution plan (in this subparagraph referred to
as the `transferee plan') shall not be treated as failing to meet the
requirements of this subsection merely because the transferee plan does
not provide some or all of the forms of distribution previously
available under another defined contribution plan (in this subparagraph
referred to as the `transferor plan') to the extent that--
`(I) the forms of distribution previously available under the
transferor plan applied to the account of a participant or beneficiary
under the transferor plan that was transferred from the transferor
plan to the transferee plan pursuant to a direct transfer rather than
pursuant to a distribution from the transferor plan,
`(II) the terms of both the transferor plan and the transferee
plan authorize the transfer described in subclause (I),
`(III) the transfer described in subclause (I) was made pursuant
to a voluntary election by the participant or beneficiary whose
account was transferred to the transferee plan,
`(IV) the election described in subclause (III) was made after the
participant or beneficiary received a notice describing the
consequences of making the election,
`(V) if the transferor plan provides for an annuity as the normal
form of distribution under the plan in accordance with section 417,
the transfer is made with the consent of the participant's spouse (if
any), and such consent meets requirements similar to the requirements
imposed by section 417(a)(2), and
`(VI) the transferee plan allows the participant or beneficiary
described in clause (iii) to receive any distribution to which the
participant or beneficiary is entitled under the transferee plan in
the form of a single sum distribution.
`(ii) Clause (i) shall apply to plan mergers and other transactions
having the effect of a direct transfer, including consolidations of
benefits attributable to different employers within a multiple employer
plan.
`(E) ELIMINATION OF FORM OF DISTRIBUTION- Except to the extent
provided in regulations, a defined contribution plan shall not be treated
as failing to meet the requirements of this section merely because of the
elimination of a form of distribution previously available thereunder.
This subparagraph shall not apply to the elimination of a form of
distribution with respect to any participant unless--
`(i) a single sum payment is available to such participant at the
same time or times as the form of distribution being eliminated,
and
`(ii) such single sum payment is based on the same or greater
portion of the participant's account as the form of distribution being
eliminated.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to
years beginning after December 31, 2000.
(1) AMENDMENT TO INTERNAL REVENUE CODE OF 1986- The last sentence of
paragraph (6)(B) of section 411(d) (relating to accrued benefit not to be
decreased by amendment) is amended to read as follows: `The Secretary shall
by regulations provide that this subparagraph shall not apply to any plan
amendment that does not adversely affect the rights of participants in a
material manner.'.
(2) SECRETARY DIRECTED- Not later than December 31, 2001, the Secretary
of the Treasury is directed to issue final regulations under section
411(d)(6) of the Internal Revenue Code of 1986, including the regulations
required by the amendments made by this subsection. Such regulations shall
apply to plan years beginning after December 31, 2001, or such earlier date
as is specified by the Secretary of the Treasury.
SEC. 236. RATIONALIZATION OF RESTRICTIONS ON DISTRIBUTIONS.
(a) MODIFICATION OF SAME DESK EXCEPTION-
(A) Section 401(k)(2)(B)(i)(I) (relating to qualified cash or deferred
arrangements) is amended by striking `separation from service' and
inserting `severance from employment'.
(B) Subparagraph (A) of section 401(k)(10) (relating to distributions
upon termination of plan or disposition of assets or subsidiary) is
amended to read as follows:
`(A) IN GENERAL- An event described in this subparagraph is the
termination of the plan without establishment or maintenance of another
defined contribution plan (other than an employee stock ownership plan as
defined in section 4975(e)(7)).'.
(C) Section 401(k)(10) is amended--
(i) in subparagraph (B)--
(I) by striking `An event' in clause (i) and inserting `A
termination'; and
(II) by striking `the event' in clause (i) and inserting `the
termination';
(ii) by striking subparagraph (C); and
(iii) by striking `OR DISPOSITION OF ASSETS OR SUBSIDIARY' in the
heading.
(A) Paragraphs (7)(A)(ii) and (11)(A) of section 403(b) are each
amended by striking `separates from service' and inserting `has a
severance from employment'.
(B) The heading for paragraph (11) of section 403(b) is amended by
striking `SEPARATION FROM SERVICE' and inserting `SEVERANCE FROM
EMPLOYMENT'.
(3) SECTION 457- Clause (ii) of section 457(d)(1)(A) is amended by
striking `is separated from service' and inserting `has a severance from
employment'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions after December 31, 2000.
SEC. 237. PURCHASE OF SERVICE CREDIT IN GOVERNMENTAL DEFINED BENEFIT
PLANS.
(a) 403(b) PLANS- Subsection (b) of section 403 is amended by adding at
the end the following new paragraph:
`(13) TRUSTEE-TO-TRUSTEE TRANSFERS TO PURCHASE PERMISSIVE SERVICE
CREDIT- No amount shall be includible in gross income by reason of a direct
trustee-to-trustee transfer to a defined benefit governmental plan (as
defined in section 414(d)) if such transfer is--
`(A) for the purchase of permissive service credit (as defined in
section 415(n)(3)(A)) under such plan, or
`(B) a repayment to which section 415 does not apply by reason of
subsection (k)(3) thereof.'.
(1) Subsection (e) of section 457 is amended by adding after paragraph
(16) the following new paragraph:
`(17) TRUSTEE-TO-TRUSTEE TRANSFERS TO PURCHASE PERMISSIVE SERVICE
CREDIT- No amount shall be includible in gross income by reason of a direct
trustee-to-trustee transfer to a defined benefit governmental plan (as
defined in section 414(d)) if such transfer is--
`(A) for the purchase of permissive service credit (as defined in
section 415(n)(3)(A)) under such plan, or
`(B) a repayment to which section 415 does not apply by reason of
subsection (k)(3) thereof.'.
(2) Section 457(b)(2) is amended by striking `(other than rollover
amounts)' and inserting `(other than rollover amounts and amounts received
in a transfer referred to in subsection (e)(17))'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
trustee-to-trustee transfers after December 31, 2000.
SEC. 238. EMPLOYERS MAY DISREGARD ROLLOVERS FOR PURPOSES OF CASH-OUT
AMOUNTS.
(a) QUALIFIED PLANS- Section 411(a)(11) (relating to restrictions on
certain mandatory distributions) is amended by adding at the end the
following:
`(D) SPECIAL RULE FOR ROLLOVER CONTRIBUTIONS- A plan shall not fail to
meet the requirements of this paragraph if, under the terms of the plan,
the present value of the nonforfeitable accrued benefit is determined
without regard to that portion of such benefit which is attributable to
rollover contributions (and earnings allocable thereto). For purposes of
this subparagraph, the term `rollover contributions' means any rollover
contribution under sections 402(c), 403(a)(4), 403(b)(8),
408(d)(3)(A)(ii), and 457(e)(16).'.
(b) ELIGIBLE DEFERRED COMPENSATION PLANS- Clause (i) of section
457(e)(9)(A) is amended by striking `such amount' and inserting `the portion
of such amount which is not attributable to rollover contributions (as defined
in section 411(a)(11)(D))'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions after December 31, 2000.
SEC. 239. MINIMUM DISTRIBUTION AND INCLUSION REQUIREMENTS FOR SECTION 457
PLANS.
(a) MINIMUM DISTRIBUTION REQUIREMENTS- Paragraph (2) of section 457(d)
(relating to distribution requirements) is amended to read as follows:
`(2) MINIMUM DISTRIBUTION REQUIREMENTS- A plan meets the minimum
distribution requirements of this paragraph if such plan meets the
requirements of section 401(a)(9).'.
(b) INCLUSION IN GROSS INCOME-
(1) YEAR OF INCLUSION- Subsection (a) of section 457 (relating to year
of inclusion in gross income) is amended to read as follows:
`(a) YEAR OF INCLUSION IN GROSS INCOME-
`(1) IN GENERAL- Any amount of compensation deferred under an eligible
deferred compensation plan, and any income attributable to the amounts so
deferred, shall be includible in gross income only for the taxable year in
which such compensation or other income--
`(A) is paid to the participant or other beneficiary, in the case of a
plan of an eligible employer described in subsection (e)(1)(A),
and
`(B) is paid or otherwise made available to the participant or other
beneficiary, in the case of a plan of an eligible employer described in
subsection (e)(1)(B).
`(2) SPECIAL RULE FOR ROLLOVER AMOUNTS- To the extent provided in
section 72(t)(9), section 72(t) shall apply to any amount includible in
gross income under this subsection.'.
(2) CONFORMING AMENDMENTS-
(A) So much of paragraph (9) of section 457(e) as precedes
subparagraph (A) is amended to read as follows:
`(9) BENEFITS OF TAX EXEMPT ORGANIZATION PLANS NOT TREATED AS MADE
AVAILABLE BY REASON OF CERTAIN ELECTIONS, ETC- In the case of an eligible
deferred compensation plan of an employer described in subsection
(e)(1)(B)--'.
(B) Section 457(d) is amended by adding at the end the following new
paragraph:
`(3) SPECIAL RULE FOR GOVERNMENT PLAN- An eligible deferred compensation
plan of an employer described in subsection (e)(1)(A) shall not be treated
as failing to meet the requirements of this subsection solely by reason of
making a distribution described in subsection (e)(9)(A).'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
distributions after December 31, 2000.
Subtitle D--Strengthening Pension Security and Enforcement
SEC. 241. REPEAL OF 150 PERCENT OF CURRENT LIABILITY FUNDING LIMIT.
(a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986- Section 412(c)(7)
(relating to full-funding limitation) is amended--
(1) by striking `the applicable percentage' in subparagraph (A)(i)(I)
and inserting `in the case of plan years beginning before January 1, 2004,
the applicable percentage'; and
(2) by amending subparagraph (F) to read as follows:
`(F) APPLICABLE PERCENTAGE- For purposes of subparagraph (A)(i)(I),
the applicable percentage shall be determined in accordance with the
following table:
`In the case of any plan year
--The applicable
beginning in--
--percentage is--
--160
--165
--170.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
plan years beginning after December 31, 2000.
SEC. 242. MAXIMUM CONTRIBUTION DEDUCTION RULES MODIFIED AND APPLIED TO ALL
DEFINED BENEFIT PLANS.
(a) IN GENERAL- Subparagraph (D) of section 404(a)(1) (relating to special
rule in case of certain plans) is amended to read as follows:
`(D) SPECIAL RULE IN CASE OF CERTAIN PLANS-
`(i) IN GENERAL- In the case of any defined benefit plan, except as
provided in regulations, the maximum amount deductible under the
limitations of this paragraph shall not be less than the unfunded
termination liability (determined as if the proposed termination date
referred to in section 4041(b)(2)(A)(i)(II) of the Employee Retirement
Income Security Act of 1974 were the last day of the plan
year).
`(ii) PLANS WITH LESS THAN 100 PARTICIPANTS- For purposes of this
subparagraph, in the case of a plan which has less than 100 participants
for the plan year, termination liability shall not include the liability
attributable to benefit increases for highly compensated employees (as
defined in section 414(q)) resulting from a plan amendment which is made
or becomes effective, whichever is later, within the last 2 years before
the termination date.
`(iii) RULE FOR DETERMINING NUMBER OF PARTICIPANTS- For purposes of
determining whether a plan has more than 100 participants, all defined
benefit plans maintained by the same employer (or any member of such
employer's controlled group (within the meaning of section
412(l)(8)(C))) shall be treated as one plan, but only employees of such
member or employer shall be taken into account.
`(iv) PLANS ESTABLISHED AND MAINTAIN BY PROFESSIONAL SERVICE
EMPLOYERS- Clause (i) shall not apply to a plan described in section
4021(b)(13) of the Employee Retirement Income Security Act of
1974.'.
(b) CONFORMING AMENDMENT- Paragraph (6) of section 4972(c) is amended to
read as follows:
`(6) EXCEPTIONS- In determining the amount of nondeductible
contributions for any taxable year, there shall not be taken into account so
much of the contributions to one or more defined contribution plans which
are not deductible when contributed solely because of section 404(a)(7) as
does not exceed the greater of--
`(A) the amount of contributions not in excess of 6 percent of
compensation (within the meaning of section 404(a)) paid or accrued
(during the taxable year for which the contributions were made) to
beneficiaries under the plans, or
`(i) the amount of contributions described in section 401(m)(4)(A),
plus
`(ii) the amount of contributions described in section
402(g)(3)(A).
For purposes of this paragraph, the deductible limits under section
404(a)(7) shall first be applied to amounts contributed to a defined benefit
plan and then to amounts described in subparagraph (B).'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
plan years beginning after December 31, 2000.
SEC. 243. EXCISE TAX RELIEF FOR SOUND PENSION FUNDING.
(a) IN GENERAL- Subsection (c) of section 4972 (relating to nondeductible
contributions) is amended by adding at the end the following new paragraph:
`(7) DEFINED BENEFIT PLAN EXCEPTION- In determining the amount of
nondeductible contributions for any taxable year, an employer may elect for
such year not to take into account any contributions to a defined benefit
plan except to the extent that such contributions exceed the full-funding
limitation (as defined in section 412(c)(7), determined without regard to
subparagraph (A)(i)(I) thereof). For purposes of this paragraph, the
deductible limits under section 404(a)(7) shall first be applied to amounts
contributed to defined contribution plans and then to amounts described in
this paragraph. If an employer makes an election under this paragraph for a
taxable year, paragraph (6) shall not apply to such employer for such
taxable year.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
years beginning after December 31, 2000.
SEC. 244. EXCISE TAX ON FAILURE TO PROVIDE NOTICE BY DEFINED BENEFIT PLANS
SIGNIFICANTLY REDUCING FUTURE BENEFIT ACCRUALS.
(a) AMENDMENT TO 1986 CODE- Chapter 43 (relating to qualified pension,
etc., plans) is amended by adding at the end the following new section:
`SEC. 4980F. FAILURE OF APPLICABLE PLANS REDUCING BENEFIT ACCRUALS TO
SATISFY NOTICE REQUIREMENTS.
`(a) IMPOSITION OF TAX- There is hereby imposed a tax on the failure of
any applicable pension plan to meet the requirements of subsection (e) with
respect to any applicable individual.
`(1) IN GENERAL- The amount of the tax imposed by subsection (a) on any
failure with respect to any applicable individual shall be $100 for each day
in the noncompliance period with respect to such failure.
`(2) NONCOMPLIANCE PERIOD- For purposes of this section, the term
`noncompliance period' means, with respect to any failure, the period
beginning on the date the failure first occurs and ending on the date the
failure is corrected.
`(c) LIMITATIONS ON AMOUNT OF TAX-
`(1) OVERALL LIMITATION FOR UNINTENTIONAL FAILURES- In the case of
failures that are due to reasonable cause and not to willful neglect, the
tax imposed by subsection (a) for failures during the taxable year of the
employer (or, in the case of a multiemployer plan, the taxable year of the
trust forming part of the plan) shall not exceed $500,000. For purposes of
the preceding sentence, all multiemployer plans of which the same trust
forms a part shall be treated as one plan. For purposes of this paragraph,
if not all persons who are treated as a single employer for purposes of this
section have the same taxable year, the taxable years taken into account
shall be determined under principles similar to the principles of section
1561.
`(2) WAIVER BY SECRETARY- In the case of a failure which is due to
reasonable cause and not to willful neglect, the Secretary may waive part or
all of the tax imposed by subsection (a) to the extent that the payment of
such tax would be excessive relative to the failure involved.
`(d) LIABILITY FOR TAX- The following shall be liable for the tax imposed
by subsection (a):
`(1) In the case of a plan other than a multiemployer plan, the
employer.
`(2) In the case of a multiemployer plan, the plan.
`(e) NOTICE REQUIREMENTS FOR PLANS SIGNIFICANTLY REDUCING BENEFIT
ACCRUALS-
`(1) IN GENERAL- If an applicable pension plan is amended to provide for
a significant reduction in the rate of future benefit accrual, the plan
administrator shall provide written notice to each applicable individual
(and to each employee organization representing applicable
individuals).
`(2) NOTICE- The notice required by paragraph (1) shall be written in a
manner calculated to be understood by the average plan participant and shall
provide sufficient information (as determined in accordance with regulations
prescribed by the Secretary) to allow applicable individuals to understand
the effect of the plan amendment.
`(3) TIMING OF NOTICE- Except as provided in regulations, the notice
required by paragraph (1) shall be provided within a reasonable time before
the effective date of the plan amendment.
`(4) DESIGNEES- Any notice under paragraph (1) may be provided to a
person designated, in writing, by the person to which it would otherwise be
provided.
`(5) NOTICE BEFORE ADOPTION OF AMENDMENT- A plan shall not be treated as
failing to meet the requirements of paragraph (1) merely because notice is
provided before the adoption of the plan amendment if no material
modification of the amendment occurs before the amendment is adopted.
`(f) APPLICABLE INDIVIDUAL; APPLICABLE PENSION PLAN- For purposes of this
section--
`(1) APPLICABLE INDIVIDUAL- The term `applicable individual' means, with
respect to any plan amendment--
`(A) any participant in the plan, and
`(B) any beneficiary who is an alternate payee (within the meaning of
section 414(p)(8)) under an applicable qualified domestic relations order
(within the meaning of section 414(p)(1)(A)),
who may reasonably be expected to be affected by such plan
amendment.
`(2) APPLICABLE PENSION PLAN- The term `applicable pension plan'
means--
`(A) any defined benefit plan, or
`(B) an individual account plan which is subject to the funding
standards of section 412,
which had 100 or more participants who had accrued a benefit, or with
respect to whom contributions were made, under the plan (whether or not
vested) as of the last day of the plan year preceding the plan year in which
the plan amendment becomes effective. Such term shall not include a
governmental plan (within the meaning of section 414(d)) or a church plan
(within the meaning of section 414(e)) with respect to which the election
provided by section 410(d) has not been made.'.
(b) CLERICAL AMENDMENT- The table of sections for chapter 43 is amended by
adding at the end the following new item:
`Sec. 4980F. Failure of applicable plans reducing benefit accruals to satisfy
notice requirements.'.
(1) IN GENERAL- The amendments made by this section shall apply to plan
amendments taking effect on or after the date of the enactment of this
Act.
(2) TRANSITION- Until such time as the Secretary of the Treasury issues
regulations under sections 4980F(e)(2) and (3) of the Internal Revenue Code
of 1986 (as added by the amendments made by this section), a plan shall be
treated as meeting the requirements of such sections if it makes a good
faith effort to comply with such requirements.
(3) SPECIAL RULE- The period for providing any notice required by the
amendments made by this section shall not end before the date which is 3
months after the date of the enactment of this Act.
SEC. 245. TREATMENT OF MULTIEMPLOYER PLANS UNDER SECTION 415.
(a) COMPENSATION LIMIT- Paragraph (11) of section 415(b) (relating to
limitation for defined benefit plans) is amended to read as follows:
`(11) SPECIAL LIMITATION RULE FOR GOVERNMENTAL AND MULTIEMPLOYER PLANS-
In the case of a governmental plan (as defined in section 414(d)) or a
multiemployer plan (as defined in section 414(f)), subparagraph (B) of
paragraph (1) shall not apply.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
years beginning after December 31, 2000.
Subtitle E--Reducing Regulatory Burdens
SEC. 261. MODIFICATION OF TIMING OF PLAN VALUATIONS.
(a) AMENDMENTS TO 1986 CODE- Section 412(c)(9) (relating to annual
valuation) is amended--
(1) by striking `For purposes' and inserting the following:
`(A) IN GENERAL- For purposes'; and
(2) by adding at the end the following:
`(B) ELECTION TO USE PRIOR YEAR VALUATION-
`(i) IN GENERAL- Except as provided in clause (ii), if, for any plan
year--
`(I) an election is in effect under this subparagraph with respect
to a plan, and
`(II) the assets of the plan are not less than 125 percent of the
plan's current liability (as defined in paragraph (7)(B)), determined
as of the valuation date for the preceding plan year,
then this section shall be applied using the information available
as of such valuation date.
`(I) ACTUAL VALUATION EVERY 3 YEARS- Clause (i) shall not apply
for more than 2 consecutive plan years and valuation shall be under
subparagraph (A) with respect to any plan year to which clause (i)
does not apply by reason of this subclause.
`(II) REGULATIONS- Clause (i) shall not apply to the extent that
more frequent valuations are required under the regulations under
subparagraph (A).
`(iii) ADJUSTMENTS- Information under clause (i) shall, in
accordance with regulations, be actuarially adjusted to reflect
significant differences in participants.
`(iv) ELECTION- An election under this subparagraph, once made,
shall be irrevocable without the consent of the Secretary.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
plan years beginning after December 31, 2000.
SEC. 262. ESOP DIVIDENDS MAY BE REINVESTED WITHOUT LOSS OF DIVIDEND
DEDUCTION.
(a) IN GENERAL- Section 404(k)(2)(A) (defining applicable dividends) is
amended by striking `or' at the end of clause (ii), by redesignating clause
(iii) as clause (iv), and by inserting after clause (ii) the following new
clause:
`(iii) is, at the election of such participants or their
beneficiaries--
`(I) payable as provided in clause (i) or (ii), or
`(II) paid to the plan and reinvested in qualifying employer
securities, or'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 263. REPEAL OF TRANSITION RULE RELATING TO CERTAIN HIGHLY COMPENSATED
EMPLOYEES.
(a) IN GENERAL- Paragraph (4) of section 1114(c) of the Tax Reform Act of
1986 is hereby repealed.
(b) EFFECTIVE DATE- The repeal made by subsection (a) shall apply to plan
years beginning after December 31, 2000.
SEC. 264. EMPLOYEES OF TAX-EXEMPT ENTITIES.
(a) IN GENERAL- The Secretary of the Treasury shall modify Treasury
Regulations section 1.410(b)-6(g) to provide that employees of an organization
described in section 403(b)(1)(A)(i) of the Internal Revenue Code of 1986 who
are eligible to make contributions under section 403(b) of such Code pursuant
to a salary reduction agreement may be treated as excludable with respect to a
plan under section 401(k) or (m) of such Code that is provided under the same
general arrangement as a plan under such section 401(k), if--
(1) no employee of an organization described in section 403(b)(1)(A)(i)
of such Code is eligible to participate in such section 401(k) plan or
section 401(m) plan; and
(2) 95 percent of the employees who are not employees of an organization
described in section 403(b)(1)(A)(i) of such Code are eligible to
participate in such plan under such section 401(k) or (m).
(b) EFFECTIVE DATE- The modification required by subsection (a) shall
apply as of the same date set forth in section 1426(b) of the Small Business
Job Protection Act of 1996.
SEC. 265. CLARIFICATION OF TREATMENT OF EMPLOYER-PROVIDED RETIREMENT
ADVICE.
(a) IN GENERAL- Subsection (a) of section 132 (relating to exclusion from
gross income) is amended by striking `or' at the end of paragraph (5), by
striking the period at the end of paragraph (6) and inserting `, or', and by
adding at the end the following new paragraph:
`(7) qualified retirement planning services.'.
(b) QUALIFIED RETIREMENT PLANNING SERVICES DEFINED- Section 132 is amended
by redesignating subsection (m) as subsection (n) and by inserting after
subsection (l) the following:
`(m) QUALIFIED RETIREMENT PLANNING SERVICES-
`(1) IN GENERAL- For purposes of this section, the term `qualified
retirement planning services' means any retirement planning service provided
to an employee and his spouse by an employer maintaining a qualified
employer plan.
`(2) NONDISCRIMINATION RULE- Subsection (a)(7) shall apply in the case
of highly compensated employees only if such services are available on
substantially the same terms to each member of the group of employees
normally provided education and information regarding the employer's
qualified employer plan.
`(3) QUALIFIED EMPLOYER PLAN- For purposes of this subsection, the term
`qualified employer plan' means a plan, contract, pension, or account
described in section 219(g)(5).'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
years beginning after December 31, 2000.
SEC. 266. REPORTING SIMPLIFICATION.
(a) SIMPLIFIED ANNUAL FILING REQUIREMENT FOR OWNERS AND THEIR SPOUSES-
(1) IN GENERAL- The Secretary of the Treasury shall modify the
requirements for filing annual returns with respect to one-participant
retirement plans to ensure that such plans with assets of $250,000 or less
as of the close of the plan year need not file a return for that year.
(2) ONE-PARTICIPANT RETIREMENT PLAN DEFINED- For purposes of this
subsection, the term `one-participant retirement plan' means a retirement
plan that--
(A) on the first day of the plan year--
(i) covered only the employer (and the employer's spouse) and the
employer owned the entire business (whether or not incorporated);
or
(ii) covered only one or more partners (and their spouses) in a
business partnership (including partners in an S or C
corporation);
(B) meets the minimum coverage requirements of section 410(b) of the
Internal Revenue Code of 1986 without being combined with any other plan
of the business that covers the employees of the business;
(C) does not provide benefits to anyone except the employer (and the
employer's spouse) or the partners (and their spouses);
(D) does not cover a business that is a member of an affiliated
service group, a controlled group of corporations, or a group of
businesses under common control; and
(E) does not cover a business that leases employees.
(3) OTHER DEFINITIONS- Terms used in paragraph (2) which are also used
in section 414 of the Internal Revenue Code of 1986 shall have the
respective meanings given such terms by such section.
(b) SIMPLIFIED ANNUAL FILING REQUIREMENT FOR PLANS WITH FEWER THAN 25
EMPLOYEES- In the case of a retirement plan which covers less than 25
employees on the first day of the plan year and meets the requirements
described in subparagraphs (B), (D), and (E) of subsection (a)(2), the
Secretary of the Treasury shall provide for the filing of a simplified annual
return that is substantially similar to the annual return required to be filed
by a one-participant retirement plan.
(c) EFFECTIVE DATE- The provisions of this section shall take effect on
January 1, 2001.
SEC. 267. IMPROVEMENT OF EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.
The Secretary of the Treasury shall continue to update and improve the
Employee Plans Compliance Resolution System (or any successor program) giving
special attention to--
(1) increasing the awareness and knowledge of small employers concerning
the availability and use of the program;
(2) taking into account special concerns and circumstances that small
employers face with respect to compliance and correction of compliance
failures;
(3) extending the duration of the self-correction period under the
Administrative Policy Regarding Self-Correction for significant compliance
failures;
(4) expanding the availability to correct insignificant compliance
failures under the Administrative Policy Regarding Self-Correction during
audit; and
(5) assuring that any tax, penalty, or sanction that is imposed by
reason of a compliance failure is not excessive and bears a reasonable
relationship to the nature, extent, and severity of the failure.
SEC. 268. MODIFICATION OF EXCLUSION FOR EMPLOYER PROVIDED TRANSIT
PASSES.
(a) IN GENERAL- Section 132(f)(3) (relating to cash reimbursements) is
amended by striking the last sentence.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 269. REPEAL OF THE MULTIPLE USE TEST.
(a) IN GENERAL- Paragraph (9) of section 401(m) is amended to read as
follows:
`(9) REGULATIONS- The Secretary shall prescribe such regulations as may
be necessary to carry out the purposes of this subsection and subsection
(k), including regulations permitting appropriate aggregation of plans and
contributions.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
years beginning after December 31, 2000.
SEC. 270. FLEXIBILITY IN NONDISCRIMINATION, COVERAGE, AND LINE OF BUSINESS
RULES.
(1) IN GENERAL- The Secretary of the Treasury shall, by regulation,
provide that a plan shall be deemed to satisfy the requirements of section
401(a)(4) of the Internal Revenue Code of 1986 if such plan satisfies the
facts and circumstances test under section 401(a)(4) of such Code, as in
effect before January 1, 1994, but only if--
(A) the plan satisfies conditions prescribed by the Secretary to
appropriately limit the availability of such test; and
(B) the plan is submitted to the Secretary for a determination of
whether it satisfies such test.
Subparagraph (B) shall only apply to the extent provided by the
Secretary.
(A) REGULATIONS- The regulation required by paragraph (1) shall apply
to years beginning after December 31, 2000.
(B) CONDITIONS OF AVAILABILITY- Any condition of availability
prescribed by the Secretary under paragraph (1)(A) shall not apply before
the first year beginning not less than 120 days after the date on which
such condition is prescribed.
(1) IN GENERAL- Section 410(b)(1) (relating to minimum coverage
requirements) is amended by adding at the end the following:
`(D) In the case that the plan fails to meet the requirements of
subparagraphs (A), (B) and (C), the plan--
`(i) satisfies subparagraph (B), as in effect immediately before the
enactment of the Tax Reform Act of 1986,
`(ii) is submitted to the Secretary for a determination of whether
it satisfies the requirement described in clause (i), and
`(iii) satisfies conditions prescribed by the Secretary by
regulation that appropriately limit the availability of this
subparagraph.
Clause (ii) shall apply only to the extent provided by the
Secretary.'.
(A) IN GENERAL- The amendment made by paragraph (1) shall apply to
years beginning after December 31, 2000.
(B) CONDITIONS OF AVAILABILITY- Any condition of availability
prescribed by the Secretary under regulations prescribed by the Secretary
under section 410(b)(1)(D) of the Internal Revenue Code of 1986 shall not
apply before the first year beginning not less than 120 days after the
date on which such condition is prescribed.
(c) LINE OF BUSINESS RULES- The Secretary of the Treasury shall, on or
before December 31, 2000, modify the existing regulations issued under section
414(r) of the Internal Revenue Code of 1986 in order to expand (to the extent
that the Secretary determines appropriate) the ability of a pension plan to
demonstrate compliance with the line of business requirements based upon the
facts and circumstances surrounding the design and operation of the plan, even
though the plan is unable to satisfy the mechanical tests currently used to
determine compliance.
SEC. 271. EXTENSION TO INTERNATIONAL ORGANIZATIONS OF MORATORIUM ON
APPLICATION OF CERTAIN NONDISCRIMINATION RULES APPLICABLE TO STATE AND LOCAL
PLANS.
(a) IN GENERAL- Subparagraph (G) of section 401(a)(5), subparagraph (H) of
section 401(a)(26), subparagraph (G) of section 401(k)(3), and paragraph (2)
of section 1505(d) of the Taxpayer Relief Act of 1997 are each amended by
inserting `or by an international organization which is described in section
414(d)' after `or instrumentality thereof)'.
(b) CONFORMING AMENDMENTS-
(1) The headings for subparagraph (G) of section 401(a)(5) and
subparagraph (H) of section 401(a)(26) are each amended by inserting `AND
INTERNATIONAL ORGANIZATION' after `GOVERNMENTAL'.
(2) Subparagraph (G) of section 401(k)(3) is amended by inserting `STATE
AND LOCAL GOVERNMENTAL AND INTERNATIONAL ORGANIZATION PLANS- ' after
`(G)'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
years beginning after December 31, 2000.
SEC. 272. NOTICE AND CONSENT PERIOD REGARDING DISTRIBUTIONS.
(1) AMENDMENT TO 1986 CODE- Subparagraph (A) of section 417(a)(6) is
amended by striking `90-day' and inserting `180-day'.
(2) MODIFICATION OF REGULATIONS- The Secretary of the Treasury shall
modify the regulations under sections 402(f), 411(a)(11), and 417 of the
Internal Revenue Code of 1986 to substitute `180 days' for `90 days' each
place it appears in Treasury Regulations sections 1.402(f)-1,
1.411(a)-11(c), and 1.417(e)-1(b).
(3) EFFECTIVE DATE- The amendment made by paragraph (1) and the
modifications required by paragraph (2) shall apply to years beginning after
December 31, 2000.
(b) CONSENT REGULATION INAPPLICABLE TO CERTAIN DISTRIBUTIONS-
(1) IN GENERAL- The Secretary of the Treasury shall modify the
regulations under section 411(a)(11) of the Internal Revenue Code of 1986 to
provide that the description of a participant's right, if any, to defer
receipt of a distribution shall also describe the consequences of failing to
defer such receipt.
(2) EFFECTIVE DATE- The modifications required by paragraph (1) shall
apply to years beginning after December 31, 2000.
Subtitle F--Plan Amendments
SEC. 281. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) IN GENERAL- If this section applies to any plan or contract
amendment--
(1) such plan or contract shall be treated as being operated in
accordance with the terms of the plan during the period described in
subsection (b)(2)(A); and
(2) such plan shall not fail to meet the requirements of section
411(d)(6) of the Internal Revenue Code of 1986 by reason of such
amendment.
(b) AMENDMENTS TO WHICH SECTION APPLIES-
(1) IN GENERAL- This section shall apply to any amendment to any plan or
annuity contract which is made--
(A) pursuant to any amendment made by this title, or pursuant to any
regulation issued under this title; and
(B) on or before the last day of the first plan year beginning on or
after January 1, 2003.
In the case of a governmental plan (as defined in section 414(d) of the
Internal Revenue Code of 1986), this paragraph shall be applied by
substituting `2005' for `2003'.
(2) CONDITIONS- This section shall not apply to any amendment
unless--
(i) beginning on the date the legislative or regulatory amendment
described in paragraph (1)(A) takes effect (or in the case of a plan or
contract amendment not required by such legislative or regulatory
amendment, the effective date specified by the plan); and
(ii) ending on the date described in paragraph (1)(B) (or, if
earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract amendment
were in effect; and
(B) such plan or contract amendment applies retroactively for such
period.
TITLE III--ESTATE TAX RELIEF
Subtitle A--Reductions of Estate and Gift Tax Rates
SEC. 301. REDUCTIONS OF ESTATE AND GIFT TAX RATES.
(a) MAXIMUM RATE OF TAX REDUCED TO 50 PERCENT-
(1) IN GENERAL- The table contained in section 2001(c)(1) is amended by
striking the two highest brackets and inserting the following:
`Over $2,500,000
$1,025,800, plus 50% of the excess over $2,500,000.'.
(2) PHASE-IN OF REDUCED RATE- Subsection (c) of section 2001 is amended
by adding at the end the following new paragraph:
`(3) PHASE-IN OF REDUCED RATE- In the case of decedents dying, and gifts
made, during 2001, the last item in the table contained in paragraph (1)
shall be applied by substituting `53%' for `50%'.'.
(b) REPEAL OF PHASEOUT OF GRADUATED RATES- Subsection (c) of section 2001
is amended by striking paragraph (2) and redesignating paragraph (3), as added
by subsection (a), as paragraph (2).
(c) ADDITIONAL REDUCTIONS OF RATES OF TAX- Subsection (c) of section 2001,
as so amended, is amended by adding at the end the following new paragraph:
`(3) PHASEDOWN OF TAX- In the case of estates of decedents dying, and
gifts made, during any calendar year after 2002--
`(A) IN GENERAL- Except as provided in subparagraph (C), the tentative
tax under this subsection shall be determined by using a table prescribed
by the Secretary (in lieu of using the table contained in paragraph (1))
which is the same as such table; except that--
`(i) each of the rates of tax shall be reduced by the number of
percentage points determined under subparagraph (B), and
`(ii) the amounts setting forth the tax shall be adjusted to the
extent necessary to reflect the adjustments under clause
(i).
`(B) PERCENTAGE POINTS OF REDUCTION-
--The number of
`For calendar year:
--percentage points is:
--1.0
--2.0.
`(C) TABLE FOR YEARS AFTER 2004- The table applicable under this
subsection to estates of decedents dying, and gifts made, during calendar
year 2004 shall apply to estates of decedents dying, and gifts made, after
calendar year 2004.
`(D) COORDINATION WITH CREDIT FOR STATE DEATH TAXES- Rules similar to
the rules of subparagraph (A) shall apply to the table contained in
section 2011(b) except that the Secretary shall prescribe percentage point
reductions which maintain the proportionate relationship (as in effect
before any reduction under this paragraph) between the credit under
section 2011 and the tax rates under subsection (c).'.
(1) SUBSECTIONS (a) AND (b)- The amendments made by subsections (a) and
(b) shall apply to estates of decedents dying, and gifts made, after
December 31, 2000.
(2) SUBSECTION (c)- The amendment made by subsection (c) shall apply to
estates of decedents dying, and gifts made, after December 31, 2002.
SEC. 302. SENSE OF THE CONGRESS CONCERNING REPEAL OF THE DEATH TAX.
(a) FINDINGS- Congress finds the following:
(1) The death tax stifles economic growth by taking productive resources
out of the private sector, thereby causing unemployment and inhibiting job
creation.
(2) The death tax penalizes hard work and entrepreneurial activity by
causing the demise of small, family-owned businesses when an owner
dies.
(3) The death tax rates in the United States are the second highest
among all industrialized nations.
(4) The death tax prevents minorities from gaining an economic foothold
in the economy since it limits the inter-generational transfer of wealth,
which is critical to establishing a legacy and power base for minorities in
our society.
(5) The death tax presents serious challenges for farmers whose value is
in their land, not liquid assets, and who must sell land to pay the tax,
thereby jeopardizing the future existence of the already-struggling family
farm.
(6) The death tax contributes to the development of rural areas by
causing farms and ranches to be sold and subdivided.
(7) Previous attempts by Congress to create death tax exemptions have
been ineffective due to an inability to legislatively duplicate the complex
family relationships that exist in our society.
(8) Increasing entrepreneurship and investment in retirement will bring
a whole new class of people under the death tax.
(b) SENSE OF CONGRESS- It is the sense of the Congress that the death tax
relief in this Act is considered a first step in our effort to ultimately
repeal this onerous tax.
Subtitle B--Unified Credit Replaced With Unified Exemption
Amount
SEC. 311. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES REPLACED WITH UNIFIED
EXEMPTION AMOUNT.
(1) ESTATE TAX- Subsection (b) of section 2001 (relating to computation
of tax) is amended to read as follows:
`(1) IN GENERAL- The tax imposed by this section shall be the amount
equal to the excess (if any) of--
`(A) the tentative tax determined under paragraph (2), over
`(B) the aggregate amount of tax which would have been payable under
chapter 12 with respect to gifts made by the decedent after December 31,
1976, if the provisions of subsection (c) (as in effect at the decedent's
death) had been applicable at the time of such gifts.
`(2) TENTATIVE TAX- For purposes of paragraph (1), the tentative tax
determined under this paragraph is a tax computed under subsection (c) on
the excess of--
`(i) the amount of the taxable estate, and
`(ii) the amount of the adjusted taxable gifts, over
`(B) the exemption amount for the calendar year in which the decedent
died.
`(3) EXEMPTION AMOUNT- For purposes of paragraph (2), the term
`exemption amount' means the amount determined in accordance with the
following table:
`In the case of
--The exemption
calendar year:
--amount is:
2001
--$675,000
2002 and 2003
--$700,000
2004
--$850,000
2005
--$950,000
2006 or thereafter
--$1,000,000.
`(4) ADJUSTED TAXABLE GIFTS- For purposes of paragraph (2), the term
`adjusted taxable gifts' means the total amount of the taxable gifts (within
the meaning of section 2503) made by the decedent after December 31, 1976,
other than gifts which are includible in the gross estate of the
decedent.'.
(2) GIFT TAX- Subsection (a) of section 2502 (relating to computation of
tax) is amended to read as follows:
`(1) IN GENERAL- The tax imposed by section 2501 for each calendar year
shall be the amount equal to the excess (if any) of--
`(A) the tentative tax determined under paragraph (2), over
`(B) the tax paid under this section for all prior calendar
periods.
`(2) TENTATIVE TAX- For purposes of paragraph (1), the tentative tax
determined under this paragraph for a calendar year is a tax computed under
section 2001(c) on the excess of--
`(A) the aggregate sum of the taxable gifts for such calendar year and
for each of the preceding calendar periods, over
`(B) the exemption amount under section 2001(b)(3) for such calendar
year.'.
(b) REPEAL OF UNIFIED CREDITS-
(1) Section 2010 (relating to unified credit against estate tax) is
hereby repealed.
(2) Section 2505 (relating to unified credit against gift tax) is hereby
repealed.
(c) CONFORMING AMENDMENTS-
(1)(A) Subsection (b) of section 2011 is amended--
(i) by striking `adjusted' in the table; and
(ii) by striking the last sentence.
(B) Subsection (f) of section 2011 is amended by striking `, reduced by
the amount of the unified credit provided by section 2010'.
(2) Subsection (a) of section 2012 is amended by striking `and the
unified credit provided by section 2010'.
(3) Subparagraph (A) of section 2013(c)(1) is amended by striking
`2010,'.
(4) Paragraph (2) of section 2014(b) is amended by striking
`2010,'.
(5) Clause (ii) of section 2056A(b)(12)(C) is amended to read as
follows:
`(ii) to treat any reduction in the tax imposed by paragraph (1)(A)
by reason of the credit allowable under section 2010 (as in effect on
the day before the date of the enactment of the Small Business Tax
Fairness Act of 2000) or the exemption amount allowable under section
2001(b) with respect to the decedent as a credit under section 2505 (as
so in effect) or exemption under section 2521 (as the case may be)
allowable to such surviving spouse for purposes of determining the
amount of the exemption allowable under section 2521 with respect to
taxable gifts made by the surviving spouse during the year in which the
spouse becomes a citizen or any subsequent year,'.
(6) Subsection (a) of section 2057 is amended by striking paragraphs (2)
and (3) and inserting the following new paragraph:
`(2) MAXIMUM DEDUCTION- The deduction allowed by this section shall not
exceed the excess of $1,300,000 over the exemption amount (as defined in
section 2001(b)(3)).'.
(7)(A) Subsection (b) of section 2101 is amended amended to read as
follows:
`(1) IN GENERAL- The tax imposed by this section shall be the amount
equal to the excess (if any) of--
`(A) the tentative tax determined under paragraph (2), over
`(B) a tentative tax computed under section 2001(c) on the amount of
the adjusted taxable gifts.
`(2) TENTATIVE TAX- For purposes of paragraph (1), the tentative tax
determined under this paragraph is a tax computed under section 2001(c) on
the excess of--
`(i) the amount of the taxable estate, and
`(ii) the amount of the adjusted taxable gifts, over
`(B) the exemption amount for the calendar year in which the decedent
died.
`(A) IN GENERAL- The term `exemption amount' means $60,000.
`(B) RESIDENTS OF POSSESSIONS OF THE UNITED STATES- In the case of a
decedent who is considered to be a nonresident not a citizen of the United
States under section 2209, the exemption amount under this paragraph shall
be the greater of--
`(ii) that proportion of $175,000 which the value of that part of
the decedent's gross estate which at the time of his death is situated
in the United States bears to the value of his entire gross estate
wherever situated.
`(i) COORDINATION WITH TREATIES- To the extent required under any
treaty obligation of the United States, the exemption amount allowed
under this paragraph shall be equal to the amount which bears the same
ratio to the exemption amount under section 2001(b)(3) (for the calendar
year in which the decedent died) as the value of the part of the
decedent's gross estate which at the time of his death is situated in
the United States bears to the value of his entire gross estate wherever
situated. For purposes of the preceding sentence, property shall not be
treated as situated in the United States if such property is exempt from
the tax imposed by this subchapter under any treaty obligation of the
United States.
`(ii) COORDINATION WITH GIFT TAX EXEMPTION AND UNIFIED CREDIT- If an
exemption has been allowed under section 2521 (or a credit has been
allowed under section 2505 as in effect on the day before the date of
the enactment of the Small Business Tax Fairness Act of 2000) with
respect to any gift made by the decedent, each dollar amount contained
in subparagraph (A) or (B) or the exemption amount applicable under
clause (i) of this subparagraph (whichever applies) shall be reduced by
the exemption so allowed under 2521 (or, in the case of such a credit,
by the amount of the gift for which the credit was so
allowed).'.
(8) Section 2102 is amended by striking subsection (c).
(9)(A) Subsection (a) of section 2107 is amended by adding at the end
the following new paragraph:
`(3) LIMITATION ON EXEMPTION AMOUNT- Subparagraphs (B) and (C) of
section 2101(b)(3) shall not apply in applying section 2101 for purposes of
this section.'.
(B) Subsection (c) of section 2107 is amended--
(i) by striking paragraph (1) and by redesignating paragraphs (2)
and (3) as paragraphs (1) and (2), respectively; and
(ii) by striking the second sentence of paragraph (2) (as so
redesignated).
(10) Paragraph (1) of section 6018(a) is amended by striking `the
applicable exclusion amount in effect under section 2010(c)' and inserting
`the exemption amount under section 2001(b)(3)'.
(11) Subparagraph (A) of section 6601(j)(2) is amended to read as
follows:
`(A) the amount of the tentative tax which would be determined under
the rate schedule set forth in section 2001(c) if the amount with respect
to which such tentative tax is to be computed were $1,000,000,
or'.
(12) The table of sections for part II of subchapter A of chapter 11 is
amended by striking the item relating to section 2010.
(20) The table of sections for subchapter A of chapter 12 is amended by
striking the item relating to section 2505.
(13) The table of sections for subchapter C of chapter 12 is amended by
inserting before the item relating to section 2522 the following new
item:
`Sec. 2521. Exemption.'.
(d) EFFECTIVE DATE- The amendments made by this section--
(1) insofar as they relate to the tax imposed by chapter 11 of the
Internal Revenue Code of 1986, shall apply to estates of decedents dying
after December 31, 2000; and
(2) insofar as they relate to the tax imposed by chapter 12 of such
Code, shall apply to gifts made after December 31, 2000.
Subtitle C--Modifications of Generation-skipping Transfer
Tax
SEC. 321. DEEMED ALLOCATION OF GST EXEMPTION TO LIFETIME TRANSFERS TO
TRUSTS; RETROACTIVE ALLOCATIONS.
(a) IN GENERAL- Section 2632 (relating to special rules for allocation of
GST exemption) is amended by redesignating subsection (c) as subsection (e)
and by inserting after subsection (b) the following new subsections:
`(c) DEEMED ALLOCATION TO CERTAIN LIFETIME TRANSFERS TO GST TRUSTS-
`(1) IN GENERAL- If any individual makes an indirect skip during such
individual's lifetime, any unused portion of such individual's GST exemption
shall be allocated to the property transferred to the extent necessary to
make the inclusion ratio for such property zero. If the amount of the
indirect skip exceeds such unused portion, the entire unused portion shall
be allocated to the property transferred.
`(2) UNUSED PORTION- For purposes of paragraph (1), the unused portion
of an individual's GST exemption is that portion of such exemption which has
not previously been--
`(A) allocated by such individual,
`(B) treated as allocated under subsection (b) with respect to a
direct skip occurring during or before the calendar year in which the
indirect skip is made, or
`(C) treated as allocated under paragraph (1) with respect to a prior
indirect skip.
`(A) INDIRECT SKIP- For purposes of this subsection, the term
`indirect skip' means any transfer of property (other than a direct skip)
subject to the tax imposed by chapter 12 made to a GST trust.
`(B) GST TRUST- The term `GST trust' means a trust that could have a
generation-skipping transfer with respect to the transferor
unless--
`(i) the trust instrument provides that more than 25 percent of the
trust corpus must be distributed to or may be withdrawn by one or more
individuals who are non-skip persons--
`(I) before the date that the individual attains age
46,
`(II) on or before one or more dates specified in the trust
instrument that will occur before the date that such individual
attains age 46, or
`(III) upon the occurrence of an event that, in accordance with
regulations prescribed by the Secretary, may reasonably be expected to
occur before the date that such individual attains age
46;
`(ii) the trust instrument provides that more than 25 percent of the
trust corpus must be distributed to or may be withdrawn by one or more
individuals who are non-skip persons and who are living on the date of
death of another person identified in the instrument (by name or by
class) who is more than 10 years older than such
individuals;
`(iii) the trust instrument provides that, if one or more
individuals who are non-skip persons die on or before a date or event
described in clause (i) or (ii), more than 25 percent of the trust
corpus either must be distributed to the estate or estates of one or
more of such individuals or is subject to a general power of appointment
exercisable by one or more of such individuals;
`(iv) the trust is a trust any portion of which would be included in
the gross estate of a non-skip person (other than the transferor) if
such person died immediately after the transfer;
`(v) the trust is a charitable lead annuity trust (within the
meaning of section 2642(e)(3)(A)) or a charitable remainder annuity
trust or a charitable remainder unitrust (within the meaning of section
664(d)); or
`(vi) the trust is a trust with respect to which a deduction was
allowed under section 2522 for the amount of an interest in the form of
the right to receive annual payments of a fixed percentage of the net
fair market value of the trust property (determined yearly) and which is
required to pay principal to a non-skip person if such person is alive
when the yearly payments for which the deduction was allowed
terminate.
For purposes of this subparagraph, the value of transferred property
shall not be considered to be includible in the gross estate of a non-skip
person or subject to a right of withdrawal by reason of such person
holding a right to withdraw so much of such property as does not exceed
the amount referred to in section 2503(b) with respect to any transferor,
and it shall be assumed that powers of appointment held by non-skip
persons will not be exercised.
`(4) AUTOMATIC ALLOCATIONS TO CERTAIN GST TRUSTS- For purposes of this
subsection, an indirect skip to which section 2642(f) applies shall be
deemed to have been made only at the close of the estate tax inclusion
period. The fair market value of such transfer shall be the fair market
value of the trust property at the close of the estate tax inclusion
period.
`(5) APPLICABILITY AND EFFECT-
`(A) IN GENERAL- An individual--
`(i) may elect to have this subsection not apply to--
`(I) an indirect skip, or
`(II) any or all transfers made by such individual to a particular
trust, and
`(ii) may elect to treat any trust as a GST trust for purposes of
this subsection with respect to any or all transfers made by such
individual to such trust.
`(i) ELECTIONS WITH RESPECT TO INDIRECT SKIPS- An election under
subparagraph (A)(i)(I) shall be deemed to be timely if filed on a timely
filed gift tax return for the calendar year in which the transfer was
made or deemed to have been made pursuant to paragraph (4) or on such
later date or dates as may be prescribed by the Secretary.
`(ii) OTHER ELECTIONS- An election under clause (i)(II) or (ii) of
subparagraph (A) may be made on a timely filed gift tax return for the
calendar year for which the election is to become effective.
`(d) RETROACTIVE ALLOCATIONS-
`(A) a non-skip person has an interest or a future interest in a trust
to which any transfer has been made,
`(i) is a lineal descendant of a grandparent of the transferor or of
a grandparent of the transferor's spouse or former spouse,
and
`(ii) is assigned to a generation below the generation assignment of
the transferor, and
`(C) such person predeceases the transferor,
then the transferor may make an allocation of any of such transferor's
unused GST exemption to any previous transfer or transfers to the trust on a
chronological basis.
`(2) SPECIAL RULES- If the allocation under paragraph (1) by the
transferor is made on a gift tax return filed on or before the date
prescribed by section 6075(b) for gifts made within the calendar year within
which the non-skip person's death occurred--
`(A) the value of such transfer or transfers for purposes of section
2642(a) shall be determined as if such allocation had been made on a
timely filed gift tax return for each calendar year within which each
transfer was made,
`(B) such allocation shall be effective immediately before such death,
and
`(C) the amount of the transferor's unused GST exemption available to
be allocated shall be determined immediately before such death.
`(3) FUTURE INTEREST- For purposes of this subsection, a person has a
future interest in a trust if the trust may permit income or corpus to be
paid to such person on a date or dates in the future.'.
(b) CONFORMING AMENDMENT- Paragraph (2) of section 2632(b) is amended by
striking `with respect to a direct skip' and inserting `or subsection
(c)(1)'.
(1) DEEMED ALLOCATION- Section 2632(c) of the Internal Revenue Code of
1986 (as added by subsection (a)), and the amendment made by subsection (b),
shall apply to transfers subject to chapter 11 or 12 made after December 31,
1999, and to estate tax inclusion periods ending after December 31,
1999.
(2) RETROACTIVE ALLOCATIONS- Section 2632(d) of the Internal Revenue
Code of 1986 (as added by subsection (a)) shall apply to deaths of non-skip
persons occurring after December 31, 1999.
SEC. 322. SEVERING OF TRUSTS.
(a) IN GENERAL- Subsection (a) of section 2642 (relating to inclusion
ratio) is amended by adding at the end the following new paragraph:
`(A) IN GENERAL- If a trust is severed in a qualified severance, the
trusts resulting from such severance shall be treated as separate trusts
thereafter for purposes of this chapter.
`(B) QUALIFIED SEVERANCE- For purposes of subparagraph (A)--
`(i) IN GENERAL- The term `qualified severance' means the division
of a single trust and the creation (by any means available under the
governing instrument or under local law) of two or more trusts
if--
`(I) the single trust was divided on a fractional basis,
and
`(II) the terms of the new trusts, in the aggregate, provide for
the same succession of interests of beneficiaries as are provided in
the original trust.
`(ii) TRUSTS WITH INCLUSION RATIO GREATER THAN ZERO- If a trust has
an inclusion ratio of greater than zero and less than 1, a severance is
a qualified severance only if the single trust is divided into two
trusts, one of which receives a fractional share of the total value of
all trust assets equal to the applicable fraction of the single trust
immediately before the severance. In such case, the trust receiving such
fractional share shall have an inclusion ratio of zero and the other
trust shall have an inclusion ratio of 1.
`(iii) REGULATIONS- The term `qualified severance' includes any
other severance permitted under regulations prescribed by the
Secretary.
`(C) TIMING AND MANNER OF SEVERANCES- A severance pursuant to this
paragraph may be made at any time. The Secretary shall prescribe by forms
or regulations the manner in which the qualified severance shall be
reported to the Secretary.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
severances after December 31, 1999.
SEC. 323. MODIFICATION OF CERTAIN VALUATION RULES.
(a) GIFTS FOR WHICH GIFT TAX RETURN FILED OR DEEMED ALLOCATION MADE-
Paragraph (1) of section 2642(b) (relating to valuation rules, etc.) is
amended to read as follows:
`(1) GIFTS FOR WHICH GIFT TAX RETURN FILED OR DEEMED ALLOCATION MADE- If
the allocation of the GST exemption to any transfers of property is made on
a gift tax return filed on or before the date prescribed by section 6075(b)
for such transfer or is deemed to be made under section 2632(b)(1) or
(c)(1)--
`(A) the value of such property for purposes of subsection (a) shall
be its value as finally determined for purposes of chapter 12 (within the
meaning of section 2001(f)(2)), or, in the case of an allocation deemed to
have been made at the close of an estate tax inclusion period, its value
at the time of the close of the estate tax inclusion period, and
`(B) such allocation shall be effective on and after the date of such
transfer, or, in the case of an allocation deemed to have been made at the
close of an estate tax inclusion period, on and after the close of such
estate tax inclusion period.'.
(b) TRANSFERS AT DEATH- Subparagraph (A) of section 2642(b)(2) is amended
to read as follows:
`(A) TRANSFERS AT DEATH- If property is transferred as a result of the
death of the transferor, the value of such property for purposes of
subsection (a) shall be its value as finally determined for purposes of
chapter 11; except that, if the requirements prescribed by the Secretary
respecting allocation of post-death changes in value are not met, the
value of such property shall be determined as of the time of the
distribution concerned.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
transfers subject to chapter 11 or 12 of the Internal Revenue Code of 1986
made after December 31, 1999.
SEC. 324. RELIEF PROVISIONS.
(a) IN GENERAL- Section 2642 is amended by adding at the end the following
new subsection:
`(1) RELIEF FOR LATE ELECTIONS-
`(A) IN GENERAL- The Secretary shall by regulation prescribe such
circumstances and procedures under which extensions of time will be
granted to make--
`(i) an allocation of GST exemption described in paragraph (1) or
(2) of subsection (b), and
`(ii) an election under subsection (b)(3) or (c)(5) of section
2632.
Such regulations shall include procedures for requesting comparable
relief with respect to transfers made before the date of the enactment of
this paragraph.
`(B) BASIS FOR DETERMINATIONS- In determining whether to grant relief
under this paragraph, the Secretary shall take into account all relevant
circumstances, including evidence of intent contained in the trust
instrument or instrument of transfer and such other factors as the
Secretary deems relevant. For purposes of determining whether to grant
relief under this paragraph, the time for making the allocation (or
election) shall be treated as if not expressly prescribed by
statute.
`(2) SUBSTANTIAL COMPLIANCE- An allocation of GST exemption under
section 2632 that demonstrates an intent to have the lowest possible
inclusion ratio with respect to a transfer or a trust shall be deemed to be
an allocation of so much of the transferor's unused GST exemption as
produces the lowest possible inclusion ratio. In determining whether there
has been substantial compliance, all relevant circumstances shall be taken
into account, including evidence of intent contained in the trust instrument
or instrument of transfer and such other factors as the Secretary deems
relevant.'.
(1) RELIEF FOR LATE ELECTIONS- Section 2642(g)(1) of the Internal
Revenue Code of 1986 (as added by subsection (a)) shall apply to requests
pending on, or filed after, December 31, 1999.
(2) SUBSTANTIAL COMPLIANCE- Section 2642(g)(2) of such Code (as so
added) shall take effect on the date of the enactment of this Act and shall
apply to transfers subject to chapter 11 or 12 of the Internal Revenue Code
of 1986 made after December 31, 1999.
Subtitle D--Conservation Easements
SEC. 331. EXPANSION OF ESTATE TAX RULE FOR CONSERVATION EASEMENTS.
(a) WHERE LAND IS LOCATED-
(1) IN GENERAL- Clause (i) of section 2031(c)(8)(A) (defining land
subject to a conservation easement) is amended--
(A) by striking `25 miles' both places it appears and inserting `50
miles'; and
(B) striking `10 miles' and inserting `25 miles'.
(2) EFFECTIVE DATE- The amendments made by this subsection shall apply
to estates of decedents dying after December 31, 1999.
(b) CLARIFICATION OF DATE FOR DETERMINING VALUE OF LAND AND EASEMENT-
(1) IN GENERAL- Section 2031(c)(2) (defining applicable percentage) is
amended by adding at the end the following new sentence: `The values taken
into account under the preceding sentence shall be such values as of the
date of the contribution referred to in paragraph (8)(B).'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to
estates of decedents dying after December 31, 1997.
TITLE IV--TAX RELIEF FOR DISTRESSED COMMUNITIES AND
INDUSTRIES
Subtitle A--American Community Renewal Act of 2000
SEC. 401. SHORT TITLE.
This subtitle may be cited as the `American Community Renewal Act of
2000'.
SEC. 402. DESIGNATION OF AND TAX INCENTIVES FOR RENEWAL COMMUNITIES.
(a) IN GENERAL- Chapter 1 is amended by adding at the end the following
new subchapter:
`Subchapter X--Renewal Communities
`Part I. Designation.
`Part II. Renewal community capital gain; renewal community business.
`Part III. Family development accounts.
`Part IV. Additional incentives.
`PART I--DESIGNATION
`Sec. 1400E. Designation of renewal communities.
`SEC. 1400E. DESIGNATION OF RENEWAL COMMUNITIES.
`(1) DEFINITIONS- For purposes of this title, the term `renewal
community' means any area--
`(A) which is nominated by one or more local governments and the State
or States in which it is located for designation as a renewal community
(hereinafter in this section referred to as a `nominated area');
and
`(B) which the Secretary of Housing and Urban Development designates
as a renewal community, after consultation with--
`(i) the Secretaries of Agriculture, Commerce, Labor, and the
Treasury; the Director of the Office of Management and Budget; and the
Administrator of the Small Business Administration; and
`(ii) in the case of an area on an Indian reservation, the Secretary
of the Interior.
`(2) Number of designations-
`(A) IN GENERAL- The Secretary of Housing and Urban Development may
designate not more than 15 nominated areas as renewal
communities.
`(B) MINIMUM DESIGNATION IN RURAL AREAS- Of the areas designated under
paragraph (1), at least three must be areas--
`(i) which are within a local government jurisdiction or
jurisdictions with a population of less than 50,000,
`(ii) which are outside of a metropolitan statistical area (within
the meaning of section 143(k)(2)(B)), or
`(iii) which are determined by the Secretary of Housing and Urban
Development, after consultation with the Secretary of Commerce, to be
rural areas.
`(3) AREAS DESIGNATED BASED ON DEGREE OF POVERTY, ETC-
`(A) IN GENERAL- Except as otherwise provided in this section, the
nominated areas designated as renewal communities under this subsection
shall be those nominated areas with the highest average ranking with
respect to the criteria described in subparagraphs (B), (C), and (D) of
subsection (c)(3). For purposes of the preceding sentence, an area shall
be ranked within each such criterion on the basis of the amount by which
the area exceeds such criterion, with the area which exceeds such
criterion by the greatest amount given the highest ranking.
`(B) EXCEPTION WHERE INADEQUATE COURSE OF ACTION, ETC- An area shall
not be designated under subparagraph (A) if the Secretary of Housing and
Urban Development determines that the course of action described in
subsection (d)(2) with respect to such area is inadequate.
`(C) PRIORITY FOR EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES WITH
RESPECT TO FIRST 10 DESIGNATIONS- With respect to the first 10
designations made under this section--
`(i) all shall be chosen from nominated areas which are empowerment
zones or enterprise communities (and are otherwise eligible for
designation under this section); and
`(ii) two shall be areas described in paragraph (2)(B).
`(4) Limitation on designations-
`(A) PUBLICATION OF REGULATIONS- The Secretary of Housing and Urban
Development shall prescribe by regulation no later than 4 months after the
date of the enactment of this section, after consultation with the
officials described in paragraph (1)(B)--
`(i) the procedures for nominating an area under paragraph
(1)(A);
`(ii) the parameters relating to the size and population
characteristics of a renewal community; and
`(iii) the manner in which nominated areas will be evaluated based
on the criteria specified in subsection (d).
`(B) TIME LIMITATIONS- The Secretary of Housing and Urban Development
may designate nominated areas as renewal communities only during the
36-month period beginning on the first day of the first month following
the month in which the regulations described in subparagraph (A) are
prescribed.
`(C) PROCEDURAL RULES- The Secretary of Housing and Urban Development
shall not make any designation of a nominated area as a renewal community
under paragraph (2) unless--
`(i) the local governments and the States in which the nominated
area is located have the authority--
`(I) to nominate such area for designation as a renewal
community;
`(II) to make the State and local commitments described in
subsection (d); and
`(III) to provide assurances satisfactory to the Secretary of
Housing and Urban Development that such commitments will be
fulfilled,
`(ii) a nomination regarding such area is submitted in such a manner
and in such form, and contains such information, as the Secretary of
Housing and Urban Development shall by regulation prescribe;
and
`(iii) the Secretary of Housing and Urban Development determines
that any information furnished is reasonably accurate.
`(5) NOMINATION PROCESS FOR INDIAN RESERVATIONS- For purposes of this
subchapter, in the case of a nominated area on an Indian reservation, the
reservation governing body (as determined by the Secretary of the Interior)
shall be treated as being both the State and local governments with respect
to such area.
`(b) Period for Which Designation Is in Effect-
`(1) IN GENERAL- Any designation of an area as a renewal community shall
remain in effect during the period beginning on the date of the designation
and ending on the earliest of--
`(B) the termination date designated by the State and local
governments in their nomination, or
`(C) the date the Secretary of Housing and Urban Development revokes
such designation.
`(2) REVOCATION OF DESIGNATION- The Secretary of Housing and Urban
Development may revoke the designation under this section of an area if such
Secretary determines that the local government or the State in which the
area is located--
`(A) has modified the boundaries of the area, or
`(B) is not complying substantially with, or fails to make progress in
achieving, the State or local commitments, respectively, described in
subsection (d).
`(c) Area and Eligibility Requirements-
`(1) IN GENERAL- The Secretary of Housing and Urban Development may
designate a nominated area as a renewal community under subsection (a) only
if the area meets the requirements of paragraphs (2) and (3) of this
subsection.
`(2) AREA REQUIREMENTS- A nominated area meets the requirements of this
paragraph if--
`(A) the area is within the jurisdiction of one or more local
governments;
`(B) the boundary of the area is continuous; and
`(i) has a population, of at least--
`(I) 4,000 if any portion of such area (other than a rural area
described in subsection (a)(2)(B)(i)) is located within a metropolitan
statistical area (within the meaning of section 143(k)(2)(B)) which
has a population of 50,000 or greater; or
`(II) 1,000 in any other case; or
`(ii) is entirely within an Indian reservation (as determined by the
Secretary of the Interior).
`(3) ELIGIBILITY REQUIREMENTS- A nominated area meets the requirements
of this paragraph if the State and the local governments in which it is
located certify (and the Secretary of Housing and Urban Development, after
such review of supporting data as he deems appropriate, accepts such
certification) that--
`(A) the area is one of pervasive poverty, unemployment, and general
distress;
`(B) the unemployment rate in the area, as determined by the most
recent available data, was at least 1 1/2 times the national unemployment
rate for the period to which such data relate;
`(C) the poverty rate for each population census tract within the
nominated area is at least 20 percent; and
`(D) in the case of an urban area, at least 70 percent of the
households living in the area have incomes below 80 percent of the median
income of households within the jurisdiction of the local government
(determined in the same manner as under section 119(b)(2) of the Housing
and Community Development Act of 1974).
`(4) CONSIDERATION OF HIGH INCIDENCE OF CRIME- The Secretary of Housing
and Urban Development shall take into account, in selecting nominated areas
for designation as renewal communities under this section, the extent to
which such areas have a high incidence of crime.
`(5) CONSIDERATION OF COMMUNITIES IDENTIFIED IN GAO STUDY- The Secretary
of Housing and Urban Development shall take into account, in selecting
nominated areas for designation as renewal communities under this section,
if the area has census tracts identified in the May 12, 1998, report of the
Government Accounting Office regarding the identification of economically
distressed areas.
`(d) Required State and Local Commitments-
`(1) IN GENERAL- The Secretary of Housing and Urban Development may
designate any nominated area as a renewal community under subsection (a)
only if--
`(A) the local government and the State in which the area is located
agree in writing that, during any period during which the area is a
renewal community, such governments will follow a specified course of
action which meets the requirements of paragraph (2) and is designed to
reduce the various burdens borne by employers or employees in such area;
and
`(B) the economic growth promotion requirements of paragraph (3) are
met.
`(A) IN GENERAL- A course of action meets the requirements of this
paragraph if such course of action is a written document, signed by a
State (or local government) and neighborhood organizations, which
evidences a partnership between such State or government and
community-based organizations and which commits each signatory to specific
and measurable goals, actions, and timetables. Such course of action shall
include at least five of the following:
`(i) A reduction of tax rates or fees applying within the renewal
community.
`(ii) An increase in the level of efficiency of local services
within the renewal community.
`(iii) Crime reduction strategies, such as crime prevention
(including the provision of such services by nongovernmental
entities).
`(iv) Actions to reduce, remove, simplify, or streamline
governmental requirements applying within the renewal
community.
`(v) Involvement in the program by private entities, organizations,
neighborhood organizations, and community groups, particularly those in
the renewal community, including a commitment from such private entities
to provide jobs and job training for, and technical, financial, or other
assistance to, employers, employees, and residents from the renewal
community.
`(vi) State or local income tax benefits for fees paid for services
performed by a nongovernmental entity which were formerly performed by a
governmental entity.
`(vii) The gift (or sale at below fair market value) of surplus real
property (such as land, homes, and commercial or industrial structures)
in the renewal community to neighborhood organizations, community
development corporations, or private companies.
`(B) RECOGNITION OF PAST EFFORTS- For purposes of this section, in
evaluating the course of action agreed to by any State or local
government, the Secretary of Housing and Urban Development shall take into
account the past efforts of such State or local government in reducing the
various burdens borne by employers and employees in the area
involved.
`(3) ECONOMIC GROWTH PROMOTION REQUIREMENTS- The economic growth
promotion requirements of this paragraph are met with respect to a nominated
area if the local government and the State in which such area is located
certify in writing that such government and State, respectively, have
repealed or otherwise will not enforce within the area, if such area is
designated as a renewal community--
`(A) licensing requirements for occupations that do not ordinarily
require a professional degree;
`(B) zoning restrictions on home-based businesses which do not create
a public nuisance;
`(C) permit requirements for street vendors who do not create a public
nuisance;
`(D) zoning or other restrictions that impede the formation of schools
or child care centers; and
`(E) franchises or other restrictions on competition for businesses
providing public services, including but not limited to taxicabs, jitneys,
cable television, or trash hauling,
except to the extent that such regulation of businesses and occupations
is necessary for and well-tailored to the protection of health and
safety.
`(e) COORDINATION WITH TREATMENT OF EMPOWERMENT ZONES AND ENTERPRISE
COMMUNITIES- For purposes of this title, if there are in effect with respect
to the same area both--
`(1) a designation as a renewal community; and
`(2) a designation as an empowerment zone or enterprise community,
both of such designations shall be given full effect with respect to such
area.
`(f) DEFINITIONS AND SPECIAL RULES- For purposes of this subchapter--
`(1) GOVERNMENTS- If more than one government seeks to nominate an area
as a renewal community, any reference to, or requirement of, this section
shall apply to all such governments.
`(2) STATE- The term `State' includes Puerto Rico, the Virgin Islands of
the United States, Guam, American Samoa, the Northern Mariana Islands, and
any other possession of the United States.
`(3) LOCAL GOVERNMENT- The term `local government' means--
`(A) any county, city, town, township, parish, village, or other
general purpose political subdivision of a State;
`(B) any combination of political subdivisions described in
subparagraph (A) recognized by the Secretary of Housing and Urban
Development; and
`(C) the District of Columbia.
`(4) APPLICATION OF RULES RELATING TO CENSUS TRACTS AND CENSUS DATA- The
rules of sections 1392(b)(4) and 1393(a)(9) shall apply.
`PART II--RENEWAL COMMUNITY CAPITAL GAIN; RENEWAL COMMUNITY
BUSINESS
`Sec. 1400F. Renewal community capital gain.
`Sec. 1400G. Renewal community business defined.
`SEC. 1400F. RENEWAL COMMUNITY CAPITAL GAIN.
`(a) GENERAL RULE- Gross income does not include any qualified capital
gain recognized on the sale or exchange of a qualified community asset held
for more than 5 years.
`(b) QUALIFIED COMMUNITY ASSET- For purposes of this section--
`(1) IN GENERAL- The term `qualified community asset' means--
`(A) any qualified community stock;
`(B) any qualified community partnership interest; and
`(C) any qualified community business property.
`(2) QUALIFIED COMMUNITY STOCK-
`(A) IN GENERAL- Except as provided in subparagraph (B), the term
`qualified community stock' means any stock in a domestic corporation
if--
`(i) such stock is acquired by the taxpayer after December 31, 2000,
and before January 1, 2008, at its original issue (directly or through
an underwriter) from the corporation solely in exchange for
cash;
`(ii) as of the time such stock was issued, such corporation was a
renewal community business (or, in the case of a new corporation, such
corporation was being organized for purposes of being a renewal
community business); and
`(iii) during substantially all of the taxpayer's holding period for
such stock, such corporation qualified as a renewal community
business.
`(B) REDEMPTIONS- A rule similar to the rule of section 1202(c)(3)
shall apply for purposes of this paragraph.
`(3) QUALIFIED COMMUNITY PARTNERSHIP INTEREST- The term `qualified
community partnership interest' means any capital or profits interest in a
domestic partnership if--
`(A) such interest is acquired by the taxpayer after December 31,
2000, and before January 1, 2008;
`(B) as of the time such interest was acquired, such partnership was a
renewal community business (or, in the case of a new partnership, such
partnership was being organized for purposes of being a renewal community
business); and
`(C) during substantially all of the taxpayer's holding period for
such interest, such partnership qualified as a renewal community
business.
A rule similar to the rule of paragraph (2)(B) shall apply for purposes
of this paragraph.
`(4) QUALIFIED COMMUNITY BUSINESS PROPERTY-
`(A) IN GENERAL- The term `qualified community business property'
means tangible property if--
`(i) such property was acquired by the taxpayer by purchase (as
defined in section 179(d)(2)) after December 31, 2000, and before
January 1, 2008;
`(ii) the original use of such property in the renewal community
commences with the taxpayer; and
`(iii) during substantially all of the taxpayer's holding period for
such property, substantially all of the use of such property was in a
renewal community business of the taxpayer.
`(B) SPECIAL RULE FOR SUBSTANTIAL IMPROVEMENTS- The requirements of
clauses (i) and (ii) of subparagraph (A) shall be treated as satisfied
with respect to--
`(i) property which is substantially improved (within the meaning of
section 1400B(b)(4)(B)(ii)) by the taxpayer before January 1, 2008;
and
`(ii) any land on which such property is located.
`(c) CERTAIN RULES TO APPLY- Rules similar to the rules of paragraphs (5),
(6), and (7) of subsection (b), and subsections (e), (f), and (g), of section
1400B shall apply for purposes of this section.
`SEC. 1400G. RENEWAL COMMUNITY BUSINESS DEFINED.
`For purposes of this part, the term `renewal community business' means
any entity or proprietorship which would be a qualified business entity or
qualified proprietorship under section 1397B if--
`(1) references to renewal communities were substituted for references
to empowerment zones in such section; and
`(2) `80 percent' were substituted for `50 percent' in subsections
(b)(2) and (c)(1) of such section.
`PART III--FAMILY DEVELOPMENT ACCOUNTS
`Sec. 1400H. Family development accounts for renewal community EITC
recipients.
`Sec. 1400I. Designation of earned income tax credit payments for deposit to
family development account.
`SEC. 1400H. FAMILY DEVELOPMENT ACCOUNTS FOR RENEWAL COMMUNITY EITC
RECIPIENTS.
`(a) ALLOWANCE OF DEDUCTION-
`(1) IN GENERAL- There shall be allowed as a deduction--
`(A) in the case of a qualified individual, the amount paid in cash
for the taxable year by such individual to any family development account
for such individual's benefit; and
`(B) in the case of any person other than a qualified individual, the
amount paid in cash for the taxable year by such person to any family
development account for the benefit of a qualified individual but only if
the amount so paid is designated for purposes of this section by such
individual.
`(A) IN GENERAL- The amount allowable as a deduction to any individual
for any taxable year by reason of paragraph (1)(A) shall not exceed the
lesser of--
`(ii) an amount equal to the compensation includible in the
individual's gross income for such taxable year.
`(B) PERSONS DONATING TO FAMILY DEVELOPMENT ACCOUNTS OF OTHERS- The
amount which may be designated under paragraph (1)(B) by any qualified
individual for any taxable year of such individual shall not exceed
$1,000.
`(3) SPECIAL RULES FOR CERTAIN MARRIED INDIVIDUALS- Rules similar to
rules of section 219(c) shall apply to the limitation in paragraph
(2)(A).
`(4) COORDINATION WITH IRAS- No deduction shall be allowed under this
section for any taxable year to any person by reason of a payment to an
account for the benefit of a qualified individual if any amount is paid for
such taxable year into an individual retirement account (including a Roth
IRA) for the benefit of such individual.
`(5) ROLLOVERS- No deduction shall be allowed under this section with
respect to any rollover contribution.
`(b) TAX TREATMENT OF DISTRIBUTIONS-
`(1) INCLUSION OF AMOUNTS IN GROSS INCOME- Except as otherwise provided
in this subsection, any amount paid or distributed out of a family
development account shall be included in gross income by the payee or
distributee, as the case may be.
`(2) EXCLUSION OF QUALIFIED FAMILY DEVELOPMENT DISTRIBUTIONS- Paragraph
(1) shall not apply to any qualified family development distribution.
`(c) QUALIFIED FAMILY DEVELOPMENT DISTRIBUTION- For purposes of this
section--
`(1) IN GENERAL- The term `qualified family development distribution'
means any amount paid or distributed out of a family development account
which would otherwise be includible in gross income, to the extent that such
payment or distribution is used exclusively to pay qualified family
development expenses for the holder of the account or the spouse or
dependent (as defined in section 152) of such holder.
`(2) QUALIFIED FAMILY DEVELOPMENT EXPENSES- The term `qualified family
development expenses' means any of the following:
`(A) Qualified higher education expenses.
`(B) Qualified first-time homebuyer costs.
`(C) Qualified business capitalization costs.
`(D) Qualified medical expenses.
`(E) Qualified rollovers.
`(3) QUALIFIED HIGHER EDUCATION EXPENSES-
`(A) IN GENERAL- The term `qualified higher education expenses' has
the meaning given such term by section 72(t)(7), determined by treating
postsecondary vocational educational schools as eligible educational
institutions.
`(B) POSTSECONDARY VOCATIONAL EDUCATION SCHOOL- The term
`postsecondary vocational educational school' means an area vocational
education school (as defined in subparagraph (C) or (D) of section 521(4)
of the Carl D. Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2471(4))) which is in any State (as defined in section 521(33) of
such Act), as such sections are in effect on the date of the enactment of
this section.
`(C) COORDINATION WITH OTHER BENEFITS- The amount of qualified higher
education expenses for any taxable year shall be reduced as provided in
section 25A(g)(2).
`(4) QUALIFIED FIRST-TIME HOMEBUYER COSTS- The term `qualified
first-time homebuyer costs' means qualified acquisition costs (as defined in
section 72(t)(8) without regard to subparagraph (B) thereof) with respect to
a principal residence (within the meaning of section 121) for a qualified
first-time homebuyer (as defined in section 72(t)(8)).
`(5) QUALIFIED BUSINESS CAPITALIZATION COSTS-
`(A) IN GENERAL- The term `qualified business capitalization costs'
means qualified expenditures for the capitalization of a qualified
business pursuant to a qualified plan.
`(B) QUALIFIED EXPENDITURES- The term `qualified expenditures' means
expenditures included in a qualified plan, including capital, plant,
equipment, working capital, and inventory expenses.
`(C) QUALIFIED BUSINESS- The term `qualified business' means any trade
or business other than any trade or business--
`(i) which consists of the operation of any facility described in
section 144(c)(6)(B), or
`(ii) which contravenes any law.
`(D) QUALIFIED PLAN- The term `qualified plan' means a business plan
which meets such requirements as the Secretary may specify.
`(6) QUALIFIED MEDICAL EXPENSES- The term `qualified medical expenses'
means any amount paid during the taxable year, not compensated for by
insurance or otherwise, for medical care (as defined in section 213(d)) of
the taxpayer, his spouse, or his dependent (as defined in section
152).
`(7) QUALIFIED ROLLOVERS- The term `qualified rollover' means any amount
paid from a family development account of a taxpayer into another such
account established for the benefit of--
`(B) any qualified individual who is--
`(i) the spouse of such taxpayer, or
`(ii) any dependent (as defined in section 152) of the
taxpayer.
Rules similar to the rules of section 408(d)(3) shall apply for purposes
of this paragraph.
`(d) TAX TREATMENT OF ACCOUNTS-
`(1) IN GENERAL- Any family development account is exempt from taxation
under this subtitle unless such account has ceased to be a family
development account by reason of paragraph (2). Notwithstanding the
preceding sentence, any such account is subject to the taxes imposed by
section 511 (relating to imposition of tax on unrelated business income of
charitable, etc., organizations). Notwithstanding any other provision of
this title (including chapters 11 and 12), the basis of any person in such
an account is zero.
`(2) LOSS OF EXEMPTION IN CASE OF PROHIBITED TRANSACTIONS- For purposes
of this section, rules similar to the rules of section 408(e) shall
apply.
`(3) OTHER RULES TO APPLY- Rules similar to the rules of paragraphs (4),
(5), and (6) of section 408(d) shall apply for purposes of this
section.
`(e) FAMILY DEVELOPMENT ACCOUNT- For purposes of this title, the term
`family development account' means a trust created or organized in the United
States for the exclusive benefit of a qualified individual or his
beneficiaries, but only if the written governing instrument creating the trust
meets the following requirements:
`(1) Except in the case of a qualified rollover (as defined in
subsection (c)(7))--
`(A) no contribution will be accepted unless it is in cash;
and
`(B) contributions will not be accepted for the taxable year in excess
of $3,000.
`(2) The requirements of paragraphs (2) through (6) of section 408(a)
are met.
`(f) QUALIFIED INDIVIDUAL- For purposes of this section, the term
`qualified individual' means, for any taxable year, an individual--
`(1) who is a bona fide resident of a renewal community throughout the
taxable year; and
`(2) to whom a credit was allowed under section 32 for the preceding
taxable year.
`(g) OTHER DEFINITIONS AND SPECIAL RULES-
`(1) COMPENSATION- The term `compensation' has the meaning given such
term by section 219(f)(1).
`(2) MARRIED INDIVIDUALS- The maximum deduction under subsection (a)
shall be computed separately for each individual, and this section shall be
applied without regard to any community property laws.
`(3) TIME WHEN CONTRIBUTIONS DEEMED MADE- For purposes of this section,
a taxpayer shall be deemed to have made a contribution to a family
development account on the last day of the preceding taxable year if the
contribution is made on account of such taxable year and is made not later
than the time prescribed by law for filing the return for such taxable year
(not including extensions thereof).
`(4) EMPLOYER PAYMENTS; CUSTODIAL ACCOUNTS- Rules similar to the rules
of sections 219(f)(5) and 408(h) shall apply for purposes of this
section.
`(5) REPORTS- The trustee of a family development account shall make
such reports regarding such account to the Secretary and to the individual
for whom the account is maintained with respect to contributions (and the
years to which they relate), distributions, and such other matters as the
Secretary may require under regulations. The reports required by this
paragraph--
`(A) shall be filed at such time and in such manner as the Secretary
prescribes in such regulations; and
`(B) shall be furnished to individuals--
`(i) not later than January 31 of the calendar year following the
calendar year to which such reports relate; and
`(ii) in such manner as the Secretary prescribes in such
regulations.
`(6) INVESTMENT IN COLLECTIBLES TREATED AS DISTRIBUTIONS- Rules similar
to the rules of section 408(m) shall apply for purposes of this
section.
`(h) PENALTY FOR DISTRIBUTIONS NOT USED FOR QUALIFIED FAMILY DEVELOPMENT
EXPENSES-
`(1) IN GENERAL- If any amount is distributed from a family development
account and is not used exclusively to pay qualified family development
expenses for the holder of the account or the spouse or dependent (as
defined in section 152) of such holder, the tax imposed by this chapter for
the taxable year of such distribution shall be increased by 10 percent of
the portion of such amount which is includible in gross income.
`(2) EXCEPTION FOR CERTAIN DISTRIBUTIONS- Paragraph (1) shall not apply
to distributions which are--
`(A) made on or after the date on which the account holder attains age
59 1/2 ,
`(B) made to a beneficiary (or the estate of the account holder) on or
after the death of the account holder, or
`(C) attributable to the account holder's being disabled within the
meaning of section 72(m)(7).
`(i) APPLICATION OF SECTION- This section shall apply to amounts paid to a
family development account for any taxable year beginning after December 31,
2000, and before January 1, 2008.
`SEC. 1400I. DESIGNATION OF EARNED INCOME TAX CREDIT PAYMENTS FOR DEPOSIT TO
FAMILY DEVELOPMENT ACCOUNT.
`(a) IN GENERAL- With respect to the return of any qualified individual
(as defined in section 1400H(f)) for the taxable year of the tax imposed by
this chapter, such individual may designate that a specified portion (not less
than $1) of any overpayment of tax for such taxable year which is attributable
to the earned income tax credit shall be deposited by the Secretary into a
family development account of such individual. The Secretary shall so deposit
such portion designated under this subsection.
`(b) MANNER AND TIME OF DESIGNATION- A designation under subsection (a)
may be made with respect to any taxable year--
`(1) at the time of filing the return of the tax imposed by this chapter
for such taxable year, or
`(2) at any other time (after the time of filing the return of the tax
imposed by this chapter for such taxable year) specified in regulations
prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary prescribes
by regulations.
`(c) PORTION ATTRIBUTABLE TO EARNED INCOME TAX CREDIT- For purposes of
subsection (a), an overpayment for any taxable year shall be treated as
attributable to the earned income tax credit to the extent that such
overpayment does not exceed the credit allowed to the taxpayer under section
32 for such taxable year.
`(d) OVERPAYMENTS TREATED AS REFUNDED- For purposes of this title, any
portion of an overpayment of tax designated under subsection (a) shall be
treated as being refunded to the taxpayer as of the last date prescribed for
filing the return of tax imposed by this chapter (determined without regard to
extensions) or, if later, the date the return is filed.
`(e) TERMINATION- This section shall not apply to any taxable year
beginning after December 31, 2007.
`PART IV--ADDITIONAL INCENTIVES
`Sec. 1400K. Commercial revitalization deduction.
`Sec. 1400L. Increase in expensing under section 179.
`SEC. 1400K. COMMERCIAL REVITALIZATION DEDUCTION.
`(a) GENERAL RULE- At the election of the taxpayer, either--
`(1) one-half of any qualified revitalization expenditures chargeable to
capital account with respect to any qualified revitalization building shall
be allowable as a deduction for the taxable year in which the building is
placed in service, or
`(2) a deduction for all such expenditures shall be allowable ratably
over the 120-month period beginning with the month in which the building is
placed in service.
The deduction provided by this section with respect to such expenditure
shall be in lieu of any depreciation deduction otherwise allowable on account
of such expenditure.
`(b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For purposes of
this section--
`(1) QUALIFIED REVITALIZATION BUILDING- The term `qualified
revitalization building' means any building (and its structural components)
if--
`(A) such building is located in a renewal community and is placed in
service after December 31, 2000;
`(B) a commercial revitalization deduction amount is allocated to the
building under subsection (d); and
`(C) depreciation (or amortization in lieu of depreciation) is
allowable with respect to the building (without regard to this
section).
`(2) QUALIFIED REVITALIZATION EXPENDITURE-
`(A) IN GENERAL- The term `qualified revitalization expenditure' means
any amount properly chargeable to capital account--
`(i) for property for which depreciation is allowable under section
168 (without regard to this section) and which is--
`(I) nonresidential real property; or
`(II) an addition or improvement to property described in
subclause (I);
`(ii) in connection with the construction of any qualified
revitalization building which was not previously placed in service or in
connection with the substantial rehabilitation (within the meaning of
section 47(c)(1)(C)) of a building which was placed in service before
the beginning of such rehabilitation; and
`(iii) for land (including land which is functionally related to
such property and subordinate thereto).
`(B) DOLLAR LIMITATION- The aggregate amount which may be treated as
qualified revitalization expenditures with respect to any qualified
revitalization building for any taxable year shall not exceed the excess
of--
`(i) $10,000,000, reduced by
`(ii) any such expenditures with respect to the building taken into
account by the taxpayer or any predecessor in determining the amount of
the deduction under this section for all preceding taxable
years.
`(C) CERTAIN EXPENDITURES NOT INCLUDED- The term `qualified
revitalization expenditure' does not include--
`(i) ACQUISITION COSTS- The costs of acquiring any building or
interest therein and any land in connection with such building to the
extent that such costs exceed 30 percent of the qualified revitalization
expenditures determined without regard to this clause.
`(ii) CREDITS- Any expenditure which the taxpayer may take into
account in computing any credit allowable under this title unless the
taxpayer elects to take the expenditure into account only for purposes
of this section.
`(c) WHEN EXPENDITURES TAKEN INTO ACCOUNT- Qualified revitalization
expenditures with respect to any qualified revitalization building shall be
taken into account for the taxable year in which the qualified revitalization
building is placed in service. For purposes of the preceding sentence, a
substantial rehabilitation of a building shall be treated as a separate
building.
`(d) LIMITATION ON AGGREGATE DEDUCTIONS ALLOWABLE WITH RESPECT TO
BUILDINGS LOCATED IN A STATE-
`(1) IN GENERAL- The amount of the deduction determined under this
section for any taxable year with respect to any building shall not exceed
the commercial revitalization deduction amount (in the case of an amount
determined under subsection (a)(2), the present value of such amount as
determined under the rules of section 42(b)(2)(C) by substituting `100
percent' for `72 percent' in clause (ii) thereof) allocated to such building
under this subsection by the commercial revitalization agency. Such
allocation shall be made at the same time and in the same manner as under
paragraphs (1) and (7) of section 42(h).
`(2) COMMERCIAL REVITALIZATION DEDUCTION AMOUNT FOR AGENCIES-
`(A) IN GENERAL- The aggregate commercial revitalization deduction
amount which a commercial revitalization agency may allocate for any
calendar year is the amount of the State commercial revitalization
deduction ceiling determined under this paragraph for such calendar year
for such agency.
`(B) STATE COMMERCIAL REVITALIZATION DEDUCTION CEILING- The State
commercial revitalization deduction ceiling applicable to any
State--
`(i) for each calendar year after 2000 and before 2008 is $6,000,000
for each renewal community in the State; and
`(ii) zero for each calendar year thereafter.
`(C) COMMERCIAL REVITALIZATION AGENCY- For purposes of this section,
the term `commercial revitalization agency' means any agency authorized by
a State to carry out this section.
`(e) RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES-
`(1) PLANS FOR ALLOCATION- Notwithstanding any other provision of this
section, the commercial revitalization deduction amount with respect to any
building shall be zero unless--
`(A) such amount was allocated pursuant to a qualified allocation plan
of the commercial revitalization agency which is approved (in accordance
with rules similar to the rules of section 147(f)(2) (other than
subparagraph (B)(ii) thereof)) by the governmental unit of which such
agency is a part; and
`(B) such agency notifies the chief executive officer (or its
equivalent) of the local jurisdiction within which the building is located
of such allocation and provides such individual a reasonable opportunity
to comment on the allocation.
`(2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the
term `qualified allocation plan' means any plan--
`(A) which sets forth selection criteria to be used to determine
priorities of the commercial revitalization agency which are appropriate
to local conditions;
`(i) the degree to which a project contributes to the implementation
of a strategic plan that is devised for a renewal community through a
citizen participation process;
`(ii) the amount of any increase in permanent, full-time employment
by reason of any project; and
`(iii) the active involvement of residents and nonprofit groups
within the renewal community; and
`(C) which provides a procedure that the agency (or its agent) will
follow in monitoring compliance with this section.
`(f) REGULATIONS- For purposes of this section, the Secretary shall, by
regulations, provide for the application of rules similar to the rules of
section 49 and subsections (a) and (b) of section 50.
`(g) TERMINATION- This section shall not apply to any building placed in
service after December 31, 2007.
`SEC. 1400L. INCREASE IN EXPENSING UNDER SECTION 179.
`(a) GENERAL RULE- In the case of a renewal community business (as defined
in section 1400G), for purposes of section 179--
`(1) the limitation under section 179(b)(1) shall be increased by the
lesser of--
`(B) the cost of section 179 property which is qualified renewal
property placed in service during the taxable year; and
`(2) the amount taken into account under section 179(b)(2) with respect
to any section 179 property which is qualified renewal property shall be 50
percent of the cost thereof.
`(b) RECAPTURE- Rules similar to the rules under section 179(d)(10) shall
apply with respect to any qualified renewal property which ceases to be used
in a renewal community by a renewal community business.
`(c) QUALIFIED RENEWAL PROPERTY- For purposes of this section--
`(1) IN GENERAL- The term `qualified renewal property' means any
property to which section 168 applies (or would apply but for section 179)
if--
`(A) such property was acquired by the taxpayer by purchase (as
defined in section 179(d)(2)) after December 31, 2000, and before January
1, 2008; and
`(B) such property would be qualified zone property (as defined in
section 1397C) if references to renewal communities were substituted for
references to empowerment zones in section 1397C.
`(2) CERTAIN RULES TO APPLY- The rules of subsections (a)(2) and (b) of
section 1397C shall apply for purposes of this section.'.
SEC. 403. EXTENSION OF EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS TO
RENEWAL COMMUNITIES.
(a) EXTENSION- Paragraph (2) of section 198(c) (defining targeted area) is
amended by redesignating subparagraph (C) as subparagraph (D) and by inserting
after subparagraph (B) the following new subparagraph:
`(C) RENEWAL COMMUNITIES INCLUDED- Except as provided in subparagraph
(B), such term shall include a renewal community (as defined in section
1400E) with respect to expenditures paid or incurred after December 31,
2000.'.
(b) EXTENSION OF TERMINATION DATE FOR RENEWAL COMMUNITIES- Subsection (h)
of section 198 is amended by inserting before the period `(December 31, 2007,
in the case of a renewal community, as defined in section 1400E).'.
SEC. 404. EXTENSION OF WORK OPPORTUNITY TAX CREDIT FOR RENEWAL
COMMUNITIES.
(a) EXTENSION- Subsection (c) of section 51 (relating to termination) is
amended by adding at the end the following new paragraph:
`(5) EXTENSION OF CREDIT FOR RENEWAL COMMUNITIES-
`(A) IN GENERAL- In the case of an individual who begins work for the
employer after the date contained in paragraph (4)(B), for purposes of
section 38--
`(i) in lieu of applying subsection (a), the amount of the work
opportunity credit determined under this section for the taxable year
shall be equal to--
`(I) 15 percent of the qualified first-year wages for such year;
and
`(II) 30 percent of the qualified second-year wages for such
year;
`(ii) subsection (b)(3) shall be applied by substituting `$10,000'
for `$6,000';
`(iii) paragraph (4)(B) shall be applied by substituting for the
date contained therein the last day for which the designation under
section 1400E of the renewal community referred to in subparagraph
(B)(i) is in effect; and
`(iv) rules similar to the rules of section 51A(b)(5)(C) shall
apply.
`(B) QUALIFIED FIRST- AND SECOND-YEAR WAGES- For purposes of
subparagraph (A)--
`(i) IN GENERAL- The term `qualified wages' means, with respect to
each 1-year period referred to in clause (ii) or (iii), as the case may
be, the wages paid or incurred by the employer during the taxable year
to any individual but only if--
`(I) the employer is engaged in a trade or business in a renewal
community throughout such 1-year period;
`(II) the principal place of abode of such individual is in such
renewal community throughout such 1-year period; and
`(III) substantially all of the services which such individual
performs for the employer during such 1-year period are performed in
such renewal community.
`(ii) QUALIFIED FIRST-YEAR WAGES- The term `qualified first-year
wages' means, with respect to any individual, qualified wages
attributable to service rendered during the 1-year period beginning with
the day the individual begins work for the employer.
`(iii) QUALIFIED SECOND-YEAR WAGES- The term `qualified second-year
wages' means, with respect to any individual, qualified wages
attributable to service rendered during the 1-year period beginning on
the day after the last day of the 1-year period with respect to such
individual determined under clause (ii).'.
(b) CONGRUENT TREATMENT OF RENEWAL COMMUNITIES AND ENTERPRISE ZONES FOR
PURPOSES OF YOUTH RESIDENCE REQUIREMENTS-
(1) HIGH-RISK YOUTH- Subparagraphs (A)(ii) and (B) of section 51(d)(5)
are each amended by striking `empowerment zone or enterprise community' and
inserting `empowerment zone, enterprise community, or renewal
community'.
(2) QUALIFIED SUMMER YOUTH EMPLOYEE- Clause (iv) of section 51(d)(7)(A)
is amended by striking `empowerment zone or enterprise community' and
inserting `empowerment zone, enterprise community, or renewal
community'.
(3) HEADINGS- Paragraphs (5)(B) and (7)(C) of section 51(d) are each
amended by inserting `OR COMMUNITY' in the heading after `ZONE'.
(4) EFFECTIVE DATE- The amendments made by this subsection shall apply
to individuals who begin work for the employer after December 31,
2000.
SEC. 405. CONFORMING AND CLERICAL AMENDMENTS.
(a) DEDUCTION FOR CONTRIBUTIONS TO FAMILY DEVELOPMENT ACCOUNTS ALLOWABLE
WHETHER OR NOT TAXPAYER ITEMIZES- Subsection (a) of section 62 (relating to
adjusted gross income defined) is amended by inserting after paragraph (19)
the following new paragraph:
`(20) FAMILY DEVELOPMENT ACCOUNTS- The deduction allowed by section
1400H(a)(1).'.
(b) TAX ON EXCESS CONTRIBUTIONS-
(1) TAX IMPOSED- Subsection (a) of section 4973 is amended by striking
`or' at the end of paragraph (3), adding `or' at the end of paragraph (4),
and inserting after paragraph (4) the following new paragraph:
`(5) a family development account (within the meaning of section
1400H(e)),'.
(2) EXCESS CONTRIBUTIONS- Section 4973 is amended by adding at the end
the following new subsection:
`(g) FAMILY DEVELOPMENT ACCOUNTS- For purposes of this section, in the
case of family development accounts, the term `excess contributions' means the
sum of--
`(1) the excess (if any) of--
`(A) the amount contributed for the taxable year to the accounts
(other than a qualified rollover, as defined in section 1400H(c)(7)),
over
`(B) the amount allowable as a deduction under section 1400H for such
contributions; and
`(2) the amount determined under this subsection for the preceding
taxable year reduced by the sum of--
`(A) the distributions out of the accounts for the taxable year which
were included in the gross income of the payee under section
1400H(b)(1);
`(B) the distributions out of the accounts for the taxable year to
which rules similar to the rules of section 408(d)(5) apply by reason of
section 1400H(d)(3); and
`(C) the excess (if any) of the maximum amount allowable as a
deduction under section 1400H for the taxable year over the amount
contributed to the account for the taxable year.
For purposes of this subsection, any contribution which is distributed
from the family development account in a distribution to which rules similar
to the rules of section 408(d)(4) apply by reason of section 1400H(d)(3) shall
be treated as an amount not contributed.'.
(c) TAX ON PROHIBITED TRANSACTIONS- Section 4975 is amended--
(1) by adding at the end of subsection (c) the following new
paragraph:
`(6) SPECIAL RULE FOR FAMILY DEVELOPMENT ACCOUNTS- An individual for
whose benefit a family development account is established and any
contributor to such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account (which would
otherwise be taxable under this section) if, with respect to such
transaction, the account ceases to be a family development account by reason
of the application of section 1400H(d)(2) to such account.'; and
(2) in subsection (e)(1), by striking `or' at the end of subparagraph
(E), by redesignating subparagraph (F) as subparagraph (G), and by inserting
after subparagraph (E) the following new subparagraph:
`(F) a family development account described in section 1400H(e),
or'.
(d) INFORMATION RELATING TO CERTAIN TRUSTS AND ANNUITY PLANS- Subsection
(c) of section 6047 is amended--
(1) by inserting `or section 1400H' after `section 219'; and
(2) by inserting `, of any family development account described in
section 1400H(e),', after `section 408(a)'.
(e) INSPECTION OF APPLICATIONS FOR TAX EXEMPTION- Clause (i) of section
6104(a)(1)(B) is amended by inserting `a family development account described
in section 1400H(e),' after `section 408(a),'.
(f) FAILURE TO PROVIDE REPORTS ON FAMILY DEVELOPMENT ACCOUNTS- Paragraph
(2) of section 6693(a) is amended by striking `and' at the end of subparagraph
(C), by striking the period and inserting `, and' at the end of subparagraph
(D), and by adding at the end the following new subparagraph:
`(E) section 1400H(g)(6) (relating to family development
accounts).'.
(g) CONFORMING AMENDMENTS REGARDING COMMERCIAL REVITALIZATION
DEDUCTION-
(1) Section 172 is amended by redesignating subsection (j) as subsection
(k) and by inserting after subsection (i) the following new
subsection:
`(j) NO CARRYBACK OF SECTION 1400K DEDUCTION BEFORE DATE OF THE ENACTMENT-
No portion of the net operating loss for any taxable year which is
attributable to any commercial revitalization deduction determined under
section 1400K may be carried back to a taxable year ending before the date of
the enactment of section 1400K.'.
(2) Subparagraph (B) of section 48(a)(2) is amended by inserting `or
commercial revitalization' after `rehabilitation' each place it appears in
the text and heading.
(3) Subparagraph (C) of section 469(i)(3) is amended--
(A) by inserting `or section 1400K' after `section 42'; and
(B) by inserting `AND COMMERCIAL REVITALIZATION DEDUCTION' after
`CREDIT' in the heading.
(h) CLERICAL AMENDMENTS- The table of subchapters for chapter 1 is amended
by adding at the end the following new item:
`Subchapter X. Renewal Communities.'.
Subtitle B--Timber Incentives
SEC. 411. TEMPORARY SUSPENSION OF MAXIMUM AMOUNT OF AMORTIZABLE
REFORESTATION EXPENDITURES.
(a) INCREASE IN DOLLAR LIMITATION- Paragraph (1) of section 194(b)
(relating to amortization of reforestation expenditures) is amended by
striking `$10,000 ($5,000' and inserting `$25,000 ($12,500'.
(b) TEMPORARY SUSPENSION OF INCREASED DOLLAR LIMITATION- Subsection (b) of
section 194(b) (relating to amortization of reforestation expenditures) is
amended by adding at the end the following new paragraph:
`(5) SUSPENSION OF DOLLAR LIMITATION- Paragraph (1) shall not apply to
taxable years beginning after December 31, 2000, and before January 1,
2004.
(c) CONFORMING AMENDMENT- Paragraph (1) of section 48(b) is amended by
striking `section 194(b)(1)' and inserting `section 194(b)(1) and without
regard to section 194(b)(5)'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
TITLE V--REAL ESTATE PROVISIONS
Subtitle A--Improvements in Low-Income Housing Credit
SEC. 501. MODIFICATION OF STATE CEILING ON LOW-INCOME HOUSING CREDIT.
(a) IN GENERAL- Clauses (i) and (ii) of section 42(h)(3)(C) (relating to
State housing credit ceiling) are amended to read as follows:
`(i) the unused State housing credit ceiling (if any) of such State
for the preceding calendar year,
`(I) the applicable amount under subparagraph (H) multiplied by
the State population, or
(b) APPLICABLE AMOUNT- Paragraph (3) of section 42(h) (relating to housing
credit dollar amount for agencies) is amended by adding at the end the
following new subparagraph:
`(H) APPLICABLE AMOUNT OF STATE CEILING- For purposes of subparagraph
(C)(ii), the applicable amount shall be determined under the following
table:
`For calendar year:
--The applicable amount is:
--$1.35
-- 1.45
-- 1.55
-- 1.65.'.
(c) ADJUSTMENT OF STATE CEILING FOR INCREASES IN COST-OF-LIVING- Paragraph
(3) of section 42(h) (relating to housing credit dollar amount for agencies),
as amended by subsection (c), is amended by adding at the end the following
new subparagraph:
`(I) COST-OF-LIVING ADJUSTMENT-
`(i) IN GENERAL- In the case of a calendar year after 2004, the
$2,000,000 in subparagraph (C) and the $1.65 amount in subparagraph (H)
shall each be increased by an amount equal to--
`(I) such dollar amount, multiplied by
`(II) the cost-of-living adjustment determined under section
1(f)(3) for such calendar year by substituting `calendar year 2003'
for `calendar year 1992' in subparagraph (B) thereof.
`(I) In the case of the amount in subparagraph (C), any increase
under clause (i) which is not a multiple of $5,000 shall be rounded to
the next lowest multiple of $5,000.
`(II) In the case of the amount in subparagraph (H), any increase
under clause (i) which is not a multiple of 5 cents shall be rounded
to the next lowest multiple of 5 cents.'.
(d) CONFORMING AMENDMENTS-
(1) Section 42(h)(3)(C), as amended by subsection (a), is
amended--
(A) by striking `clause (ii)' in the matter following clause (iv) and
inserting `clause (i)'; and
(B) by striking `clauses (i)' in the matter following clause (iv) and
inserting `clauses (ii)'.
(2) Section 42(h)(3)(D)(ii) is amended--
(A) by striking `subparagraph (C)(ii)' and inserting `subparagraph
(C)(i)'; and
(B) by striking `clauses (i)' in subclause (II) and inserting `clauses
(ii)'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
calendar years after 2000.
SEC. 502. MODIFICATION OF CRITERIA FOR ALLOCATING HOUSING CREDITS AMONG
PROJECTS.
(a) SELECTION CRITERIA- Subparagraph (C) of section 42(m)(1) (relating to
certain selection criteria must be used) is amended--
(1) by inserting `, including whether the project includes the use of
existing housing as part of a community revitalization plan' before the
comma at the end of clause (iii); and
(2) by striking clauses (v), (vi), and (vii) and inserting the following
new clauses:
`(v) tenant populations with special housing needs,
`(vi) public housing waiting lists,
`(vii) tenant populations of individuals with children,
and
`(viii) projects intended for eventual tenant
ownership.'.
(b) PREFERENCE FOR COMMUNITY REVITALIZATION PROJECTS LOCATED IN QUALIFIED
CENSUS TRACTS- Clause (ii) of section 42(m)(1)(B) is amended by striking `and'
at the end of subclause (I), by adding `and' at the end of subclause (II), and
by inserting after subclause (II) the following new subclause:
`(III) projects which are located in qualified census tracts (as
defined in subsection (d)(5)(C)) and the development of which
contributes to a concerted community revitalization
plan,'.
SEC. 503. ADDITIONAL RESPONSIBILITIES OF HOUSING CREDIT AGENCIES.
(a) MARKET STUDY; PUBLIC DISCLOSURE OF RATIONALE FOR NOT FOLLOWING CREDIT
ALLOCATION PRIORITIES- Subparagraph (A) of section 42(m)(1) (relating to
responsibilities of housing credit agencies) is amended by striking `and' at
the end of clause (i), by striking the period at the end of clause (ii) and
inserting a comma, and by adding at the end the following new clauses:
`(iii) a comprehensive market study of the housing needs of
low-income individuals in the area to be served by the project is
conducted before the credit allocation is made and at the developer's
expense by a disinterested party who is approved by such agency,
and
`(iv) a written explanation is available to the general public for
any allocation of a housing credit dollar amount which is not made in
accordance with established priorities and selection criteria of the
housing credit agency.'.
(b) SITE VISITS- Clause (iii) of section 42(m)(1)(B) (relating to
qualified allocation plan) is amended by inserting before the period `and in
monitoring for noncompliance with habitability standards through regular site
visits'.
SEC. 504. MODIFICATIONS TO RULES RELATING TO BASIS OF BUILDING WHICH IS
ELIGIBLE FOR CREDIT.
(a) ADJUSTED BASIS TO INCLUDE PORTION OF CERTAIN BUILDINGS USED BY
LOW-INCOME INDIVIDUALS WHO ARE NOT TENANTS AND BY PROJECT EMPLOYEES- Paragraph
(4) of section 42(d) (relating to special rules relating to determination of
adjusted basis) is amended--
(1) by striking `subparagraph (B)' in subparagraph (A) and inserting
`subparagraphs (B) and (C)';
(2) by redesignating subparagraph (C) as subparagraph (D); and
(3) by inserting after subparagraph (B) the following new
subparagraph:
`(C) INCLUSION OF BASIS OF PROPERTY USED TO PROVIDE SERVICES FOR
CERTAIN NONTENANTS-
`(i) IN GENERAL- The adjusted basis of any building located in a
qualified census tract (as defined in paragraph (5)(C)) shall be
determined by taking into account the adjusted basis of property (of a
character subject to the allowance for depreciation and not otherwise
taken into account) used throughout the taxable year in providing any
community service facility.
`(ii) LIMITATION- The increase in the adjusted basis of any building
which is taken into account by reason of clause (i) shall not exceed 10
percent of the eligible basis of the qualified low-income housing
project of which it is a part. For purposes of the preceding sentence,
all community service facilities which are part of the same qualified
low-income housing project shall be treated as one facility.
`(iii) COMMUNITY SERVICE FACILITY- For purposes of this
subparagraph, the term `community service facility' means any facility
designed to serve primarily individuals whose income is 60 percent or
less of area median income (within the meaning of subsection
(g)(1)(B)).'.
(b) CERTAIN NATIVE AMERICAN HOUSING ASSISTANCE DISREGARDED IN DETERMINING
WHETHER BUILDING IS FEDERALLY SUBSIDIZED FOR PURPOSES OF THE LOW-INCOME
HOUSING CREDIT- Subparagraph (E) of section 42(i)(2) (relating to
determination of whether building is federally subsidized) is amended--
(1) in clause (i), by inserting `or the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (as
in effect on October 1, 1997)' after `this subparagraph)'; and
(2) in the subparagraph heading, by inserting `OR NATIVE AMERICAN
HOUSING ASSISTANCE' after `HOME ASSISTANCE'.
SEC. 505. OTHER MODIFICATIONS.
(a) ALLOCATION OF CREDIT LIMIT TO CERTAIN BUILDINGS-
(1) The first sentence of section 42(h)(1)(E)(ii) is amended by striking
`(as of' the first place it appears and inserting `(as of the later of the
date which is 6 months after the date that the allocation was made
or'.
(2) The last sentence of section 42(h)(3)(C) is amended by striking
`project which' and inserting `project which fails to meet the 10 percent
test under paragraph (1)(E)(ii) on a date after the close of the calendar
year in which the allocation was made or which'.
(b) DETERMINATION OF WHETHER BUILDINGS ARE LOCATED IN HIGH COST AREAS- The
first sentence of section 42(d)(5)(C)(ii)(I) is amended--
(1) by inserting `either' before `in which 50 percent'; and
(2) by inserting before the period `or which has a poverty rate of at
least 25 percent'.
SEC. 506. CARRYFORWARD RULES.
(a) IN GENERAL- Clause (ii) of section 42(h)(3)(D) (relating to unused
housing credit carryovers allocated among certain States) is amended by
striking `the excess' and all that follows and inserting `the excess (if any)
of--
`(I) the unused State housing credit ceiling for the year
preceding such year, over
`(II) the aggregate housing credit dollar amount allocated for
such year.'.
(b) CONFORMING AMENDMENT- The second sentence of section 42(h)(3)(C)
(relating to State housing credit ceiling) is amended by striking `clauses (i)
and (iii)' and inserting `clauses (i) through (iv)'.
SEC. 507. EFFECTIVE DATE.
Except as otherwise provided in this subtitle, the amendments made by this
subtitle shall apply to--
(1) housing credit dollar amounts allocated after December 31, 2000;
and
(2) buildings placed in service after such date to the extent paragraph
(1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to
any building by reason of paragraph (4) thereof, but only with respect to
bonds issued after such date.
Subtitle B--Private Activity Bond Volume Cap
SEC. 511. ACCELERATION OF PHASE-IN OF INCREASE IN VOLUME CAP ON PRIVATE
ACTIVITY BONDS.
(a) IN GENERAL- The table contained in section 146(d)(2) (relating to per
capita limit; aggregate limit) is amended to read as follows:
--------------------------------------------------------
Per Capita Limit Aggregate Limit
--------------------------------------------------------
2001 $55.00 $165,000,000
2002 60.00 180,000,000
2003 65.00 195,000,000
2004, 2005, and 2006 70.00 210,000,000
2007 and thereafter 75.00 225,000,000.'.
--------------------------------------------------------
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
calendar years beginning after 2000.
Subtitle C--Exclusion From Gross Income for Certain Forgiven Mortgage
Obligations
SEC. 512. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE
OBLIGATIONS.
(a) IN GENERAL- Paragraph (1) of section 108(a) (relating to exclusion
from gross income) is amended by striking `or' at the end of both
subparagraphs (A) and (C), by striking the period at the end of subparagraph
(D) and inserting `, or', and by inserting after subparagraph (D) the
following new subparagraph:
`(E) in the case of an individual, the indebtedness discharged is
qualified residential indebtedness.'.
(b) QUALIFIED RESIDENTIAL INDEBTEDNESS SHORTFALL- Section 108 (relating to
discharge of indebtedness) is amended by adding at the end the following new
subsection:
`(h) QUALIFIED RESIDENTIAL INDEBTEDNESS-
`(1) LIMITATIONS- The amount excluded under subparagraph (E) of
subsection (a)(1) with respect to any qualified residential indebtedness
shall not exceed the excess (if any) of--
`(A) the outstanding principal amount of such indebtedness
(immediately before the discharge), over
`(i) the amount realized from the sale of the real property securing
such indebtedness reduced by the cost of such sale, and
`(ii) the outstanding principal amount of any other indebtedness
secured by such property.
`(2) QUALIFIED RESIDENTIAL INDEBTEDNESS-
`(A) IN GENERAL- The term `qualified residential indebtedness' means
indebtedness which--
`(i) was incurred or assumed by the taxpayer in connection with real
property used as the principal residence (within the meaning of section
121) of the taxpayer and is secured by such real property,
`(ii) is incurred or assumed to acquire, construct, reconstruct, or
substantially improve such real property, and
`(iii) with respect to which such taxpayer makes an election to have
this paragraph apply.
`(B) REFINANCED INDEBTEDNESS- Such term shall include indebtedness
resulting from the refinancing of indebtedness under subparagraph (A)(ii),
but only to the extent the amount of the indebtedness resulting from such
refinancing does not exceed the amount of the refinanced
indebtedness.
`(C) EXCEPTIONS- Such term shall not include qualified farm
indebtedness or qualified real property business indebtedness.'.
(c) CONFORMING AMENDMENTS-
(1) Paragraph (2) of section 108(a) is amended--
(A) in subparagraph (A) by striking `and (D)' and inserting `(D), and
(E)'; and
(B) by amending subparagraph (B) to read as follows:
`(B) INSOLVENCY EXCLUSION TAKES PRECEDENCE OVER QUALIFIED FARM
EXCLUSION; QUALIFIED REAL PROPERTY BUSINESS EXCLUSION; AND QUALIFIED
RESIDENTIAL SHORTFALL EXCLUSION- Subparagraphs (C), (D), and (E) of
paragraph (1) shall not apply to a discharge to the extent the taxpayer is
insolvent.'.
(2) Paragraph (1) of section 108(b) is amended by striking `or (C)' and
inserting `(C), or (E)'.
(3) Subsection (c) of section 121 of such Code is amended by adding at
the end the following new paragraph:
`(4) SPECIAL RULE RELATING TO DISCHARGE OF INDEBTEDNESS- The amount of
gain which (but for this paragraph) would be excluded from gross income
under subsection (a) with respect to a principal residence shall be reduced
by the amount excluded from gross income under section 108(a)(1)(E) with
respect to such residence.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
discharges after December 31, 2000.
TITLE VI--AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF
1938
SEC. 601. SHORT TITLE.
This title may be cited as the `Minimum Wage Increase Act of 2000'.
SEC. 602. MINIMUM WAGE.
Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is amended to read as follows:
`(1) except as otherwise provided in this section, not less than--
`(A) $5.15 an hour beginning September 1, 1997,
`(B) $5.65 an hour during the year beginning April 1, 2000,
and
`(C) $6.15 an hour beginning April 1, 2001;'.
SEC. 603. EXEMPTION FOR COMPUTER PROFESSIONALS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a))
is amended by amending paragraph (17) to read as follows:
`(17) any employee who is a computer systems, network, or database
analyst, designer, developer, programmer, software engineer, or other
similarly skilled worker--
`(A) whose primary duty is--
`(i) the application of systems or network or database analysis
techniques and procedures, including consulting with users, to determine
hardware, software, systems, network, or database specifications
(including functional specifications);
`(ii) the design, configuration, development, integration,
documentation, analysis, creation, testing, securing, or modification
of, or problem resolution for, computer systems, networks, databases, or
programs, including prototypes, based on and related to user, system,
network, or database specifications, including design specifications and
machine operating systems;
`(iii) the management or training of employees performing duties
described in clause (i) or (ii); or
`(iv) a combination of duties described in clauses (i), (ii), or
(iii) the performance of which requires the same level of skills;
and
`(B) who, in the case of an employee who is compensated on an hourly
basis, is compensated at a rate of not less than $27.63 an hour.
For purposes of paragraph (17), the term `network' includes the Internet
and intranet networks and the world wide web. An employee who meets the
exemption provided by paragraph (17) shall be considered an employee in a
professional capacity pursuant to paragraph (1);'.
SEC. 604. EXEMPTION FOR CERTAIN SALES EMPLOYEES.
(a) AMENDMENT- Section 13(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)), as amended by section 2, is amended by adding at the end the
following:
`(18) any employee employed in a sales position if--
`(A) the employee has specialized or technical knowledge related to
products or services being sold;
`(i) sales are predominantly to persons or entities to whom the
employee's position has made previous sales; or
`(ii) position does not involve initiating sales
contacts;
`(C) the employee has a detailed understanding of the needs of those
to whom the employee is selling;
`(D) the employee exercises discretion in offering a variety of
products and services;
`(E) the employee receives--
`(i) base compensation, determined without regard to the number of
hours worked by the employee, of not less than an amount equal to one
and one-half times the minimum wage in effect under section 6(a)(1)
multiplied by 2,080; and
`(ii) in addition to the employee's base compensation, compensation
based upon each sale attributable to the employee;
`(F) the employee's aggregate compensation based upon sales
attributable to the employee is not less than 40 percent of one and
one-half times the minimum wage multiplied by 2,080;
`(G) the employee receives a rate of compensation based upon each sale
attributable to the employee which is beyond sales required to reach the
compensation required by subparagraph (F) which rate is not less than the
rate on which the compensation required by subparagraph (F) is determined;
and
`(H) the rate of annual compensation or base compensation for any
employee who did not work for an employer for an entire calendar year is
prorated to reflect annual compensation which would have been earned if
the employee had been compensated at the same rate for the entire calendar
year;'.
(b) CONSTRUCTION- The amendment made by subsection (a) may not be
construed to apply to individuals who are employed as route sales drivers.
SEC. 605. EXEMPTION FOR FUNERAL DIRECTORS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)),
as amended by section 3, is amended by adding after paragraph (18) the
following:
`(19) any employee employed as a licensed funeral director or a licensed
embalmer.'.
Passed the House of Representatives March 9, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
END